The $350,000 cap that has been imposed in medical negligence situations for the past five years was removed last month by the Georgia Supreme Court. According to a summary of the case, the cap was declared unconstitutional as it infringed upon an individual’s right to a jury trial. Now that the court has made its decision, only a constitutional amendment could bring the cap back.
If you have been a victim in a medical negligence situation and have suffered personal as well as medical injuries, we hope the Atlanta Oculoplastic Surgery, P.C. vs. Nestlehutt decision allows us to help you receive the damages you deserve. There should never be a cap for circumstances that differ so much on a case by case basis, especially when the most extreme of which can end up costing you millions of dollars. A $350,000 cap can still end up leaving individuals and families bankrupt, and it has been difficult to acquire all of the damages a client is entitled to until now.
The time to introduce a constitutional amendment to reinstate the cap has already passed, and the likelihood of this ruling being overturned is slim to none.
We are thankful for this ruling as it allows us to better represent you and help you get the compensation you need for the personal injuries you have suffered.
Blog Post Provided By – Your Atlanta Medical Malpractice Attorneys at Goldstein & Hayes