By Philip W. Savrin and Jonathan J. Kandel
Six months after hearing oral arguments in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 2010 WL 1004996 (Ga. Mar. 22, 2010), the Georgia Supreme Court struck down O.C.G.A. § 51-13-1, which had limited damages in medical malpractice cases. The statute, which was originally enacted in 2005 as part of the Georgia Tort Reform Act, capped a plaintiff’s non-economic damages in a medical malpractice case to $350,000. (more…)