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AJC.com > Legislature > Georgia Beat > Archives > 2005 > February > 09 > Entry
Groups assail cap on jury awards
The Atlanta Journal-Constitution
As a bill to cap some jury awards in medical malpractice suits makes its way through the state Legislature, several organizations are ramping up their efforts to derail the measure.
Georgia Watch, a consumer protection advocacy group, along with a coalition of other statewide organizations, held a mini-rally in the state Capitol this morning to speak out against Senate Bill 3.
“We oppose tort reform because we believe it will not save doctors and hospitals money,” said Allison Wall, executive director of Georgia Watch. “It discriminates against older Georgians, stay at home parents and children.”
During this morning’s rally, the House Rules Committee voted to debate Senate Bill 3 on Thursday with four amendments. The most significant, suggested by House Speaker Glenn Richardson (R-Hiram), would raise the cap for jury awards for a malpractice victim’s pain and suffering.
The Special House Committee on Civil Justice Reform on Friday approved a bill that would cap such damages at $250,000 or up to $750,000 if multiple defendants are held liable.
Richardson’s amendment would increase that cap to $350,000 or up to $1.05 million in multiple-defendant cases. Another amendment, pushed by Rep. Wendell Willard (R-Atlanta), approved for debate would cap pain and suffering jury awards at $750,000.
Opponents of the tort reform bill say the measure won’t reduce skyrocketing insurance costs for doctors. They also say the bill would hurt Georgia citizens who are victims of a doctor or hospital’s negligence. Critics of the measure contend the value of a victim’s pain and suffering should not be capped with an arbitrary dollar amount and say certain groups of citizens - especially those who do not work outside the home - would be must vulnerable if the bill passes.
“This bill will make it hard for our older Georgians and their loved ones in nursing homes to seek redress when they are injured, neglected or abused,” said Cas Robinson, president of AARP Georgia. The Georgia Council on Aging and the Women’s Policy Group also opposed the bill.
Opponents of Senate Bill 3 may have a tough battle ahead of them. The measure was tagged as a top priority of the Republican leadership in both the House and Senate. The bill easily passed the Senate, despite outcry from many Democrats.
Another influential group opposing the bill is the Georgia chapter of Mothers Against Drunk Driving. MADD Georgia Public Policy Liaison Donzella James, a former state senator, said the bill would do away with joint and several liability — a legal term meaning that more than one person is responsible for a payment or debt. James lost a son to a drunk driver in 1993.
“This lets drunk drivers and those who irresponsibly serve them alcohol off the hook,” James said. “There’s no reason to protect wrongdoers at the expense of Georgia citizens.”
Representatives from the Georgia Network to End Sexual Assault also expressed concern about the possible negative impact of the tort reform measure on victims of rape and sexual assault.
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