Georgia is the latest state to overturn a cap on medical malpractice claims. The Georgia Supreme Court cited the cap’s unconstitutionality as the basis for overturning the state legislature’s cap on damages in medical malpractice cases in Georgia.
According to the National Conference of State Legislatures, 30 states have medical malpractice damage caps. The trend started in California in 1975 and was popular for a short time. During the following decade, courts began to review these caps and find them, in some instances, unconstitutional.
Besides Georgia, Washington, Oregon, Illinois, and Wisconsin have struck down the damages’ legislation as unconstitutional. The foundational argument in each of the cases has been that the damage caps violate the separation of the two branches of government-legislative and judicial.
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