The AAJ is reporting that The Georgia Supreme Court is going to review a 2005 law that places caps on medical malpractice recoveries. Attorneys for the plaintiff argue that the law punishes those who suffer the greatest injuries from medical malpractice and benefits the doctors that cause the injuries. This case involves a 75-year-old woman who has permanent disfigurement due to face lift surgery that went wrong. The law in question caps damages at $350,000 for pain and suffering. The plaintiff argues that the law takes away the jury’s right to decide how much a plaintiff should be compensated and violates plaintiff’s right to a jury trial. In this case the jury awarded $1,265,000 to Betty Nestlehutt, 71, in 2007 after she was left with permanent scars and discoloration from botched face lift.
Recent Fourth Department Case Law
April 6, 2009
In Kmiotek v Chaba ____ A.D. 3d ____ the Appellate Division, Fourth Department set a minimum value for spinal disc injuries. The Appellate division also upheld the trial Court’s Order directing a verdict on the issue of serious injury. This case involves an appeal from a judgment of