Health Justice Transformation - Georgia

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$250,000 cap on punitive damages. $350,000 cap on non-economic damages against health care providers; and additional $350,000 cap on non-economic damages against a healthcare facility. Maximum total award for non-economic damages is $1.05 million

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

No

Provisions for the Periodic Payment of Damages Over Time Fees

Upon request of either party, the court must establish a schedule of payments for damages exceeding $350,000.

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Arbitration is not mandated but is permitted. Parties may agree in writing to submit a claim to arbitration, however, the arbitrator's decision is binding only if the decision to arbitrate was made after a claim of alleged negligence occurred and after a controversy existed. The judge shall appoint a referee to assist the parties in preparing an arbitration submission.

Standards for Expert Testimony/Witness

Expert testimony is required to establish a breach of the standard of care in a medical malpractice action. To testify as an expert, the witness must be licensed in the state of Georgia in the same profession as the defendant, as an M.D. or D.O. The expert must also have been licensed at the same time the alleged act occurred and have knowledge and experience in the area of specialty in which his/her expert opinion is based.