House passes tort reform with $350K caps (Georgia Tort Reform)

Atlanta Business Chronicle ^ | 02/10/05 | Ryan Mahoney and Steven Sloan

[Ravi]

The tort reform legislation that has been placed on the fast track by the Republican leadership sailed through the Georgia House of Representatives today, which passed its version of Senate Bill 3 by a 136-34 vote.

The measure was the only legislation considered by the House today. It was approved with an amendment limiting noneconomic damages in medical malpractice cases at $350,000 for a single defendant -- $100,000 more than the Senate version would allow -- or up to $1.05 million when multiple defendants are involved.

The Senate must now decide whether it will accept the higher caps and an additional provision that would limit liability in emergency rooms, or else call for a conference committee to work out the differences with the House.

Speaker Glenn Richardson (R-Hiram) urged House members to vote for both amendments in a rare speech from the floor.

Two other amendments did not make it into the House version. One, dealing with the definition of expert witnesses, was sent packing with a vote of 134 to 38.

Another would have set the limit on jury awards at $750,000, except in cases of death or catastrophic injury, or when a patient is left in a vegetative state. It failed by the slimmest of margins, 86-85.

[Ravi]

Another step forward. Now conference committee and it's a done deal. Whether it's $250,000 or $350,000 - both those levels would lead to reduced rates. I think the most important thing is that there will be a good bill which will lead to lower rates and also lead to more physicians practicing in Georgia.

[elephant]

I am for tort reform but I do hope the cost of our health insurance follows!!!!!!!!!!!!!!!

[inquest]

Glad to see states finally taking the lead on this issue, instead of constantly passing the buck to Congress. Hopefully this is the beginning of a trend.

[Ravi]

Insurance costs should stabilize and go down with passage of this law. More importantly, there will be specialized physicians around when you most need it. Such as with head trauma, etc.

[elephant]

I live in Missouri and we are loosing specialized Dr.'s due to the cost of doing medical business in this state. OTB, did not want tort reform passed in this state...sorry, I should have said the tort lawyers do not want reform passed in this state.

[squirt-gun]

Good start, but the answer lies in having law suit loosers pay all of the defendants expenses (including punitive damages for harassment as applicable) as well as limiting the percentage that these bastard tort lawyers get to a fraction of the 33% take now typical.

We all pay for this greed in the enormous medical costs in today's world of hospitals and doctors.

[Gaffrig]

Wrong, it caps non-economic damages. You can still collect all your lost wages, there is no cap on that. nice try.

[Bronco_Buster_FweetHyagh]

I am for tort reform but I do hope the cost of our health insurance follows!!!!!!!!!!!!!!!

Don't get your hopes up. States with caps on attorneys fees and damages in medical malpractice awards have resulted in (A) almost no drop at all in insurance rates, and (B) higher profits for the insurance companies.