Georgia Supreme Court to rule Monday on key tort reform provision
The Atlanta Journal-Constitution
The Georgia Supreme Court on Monday will issue its much-anticipated decision as to whether caps on damage awards in medical malpractice cases are constitutional.
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The case involves a 75-year-old Marietta woman who was awarded $1.3 million in damages because she was left permanently disfigured after a face-lift operation. A Fulton County jury awarded Betty Nestlehutt $115,000 for past and future medical expensive and $1.15 million in noneconomic damages, including $900,000 for pain and suffering.
Because the Legislature's 2005 tort reform law caps noneconomic damage awards at $350,000, the court must decide whether Nestlehutt's award should be reduced to $465,000 -- $115,000 for medical expenses and the $350,000 cap. On Friday, the state Supreme Court listed the case on its Web site among a number of opinions it will release on Monday.
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