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.
Fourth Department Upholds §241(6) Labor Law Claim
April 29, 2013
As an experienced Labor Law injury attorney in Western New York and Buffalo, I continue to see injured construction and other type of workers despite laws put in place for their protection. In Smith v. Nestle Purina Petcare Co., (4th Dept. 2013) the Appellate Division upheld the plaintiff’s