The president of the American Medical Association says a recent decision by the Georgia Supreme Court to strike down medical liability caps could limit patients’ access to healthcare. The reaction came in response to the court’s ruling on Monday, which said the $350,000 cap defined under a 2005 state law violates the right to a jury trial.
From the AMA’s reaction to the ruling:
The action puts Georgia’s patients at risk for the severe access problems suffered prior to 2005 when the state’s unrestrained legal system pushed premiums to record highs and forced physicians to limit services, retire early, or move to other states where liability premiums were more stable.
From an article in The Atlanta Journal-Constitution about the ruling:
The 2005 law’s cap on damage awards “clearly nullifies the jury’s findings of fact regarding damages and thereby undermines the jury’s basic function,” Chief Justice Carol Hunstein wrote for the court. She added, “The very existence of the caps, in any amount, is violative of the right to trial by jury.”
