'Tort reform' gets a frontal assault
Posted on Mar 07, 2008
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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