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After dealing with piecemeal challenges to the 2005 legislation that made it harder for plaintiffs to win suits, the Supreme Court of Georgia may soon get a case that tests the whole package, courtesy of the Fulton County Superior Court.
Attorneys for a man claiming to have been rendered quadriplegic by mistakes made in a Douglas County emergency room argued last week that the entire law passed as Senate Bill 3 should be declared unconstitutional.
The bill, which among other things capped pain and suffering damages at $350,000 and protected ER doctors from liability unless they exhibited “gross negligence,” was part of a so-called “tort reform” movement in the General Assembly, said Robert D. Roll of Atlanta's Watkins, Lourie, Roll & Chance.
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