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A Georgia trial court recently entered an order staying litigation involving claims of medical malpractice and ordered those claims to be pursued in arbitration pursuant to a pre-dispute arbitration agreement
On July 23, 2010, in a 5-2 decision, the Supreme Court of Georgia rejected a constitutional challenge to a Georgia statute that exempts medical malpractice cases from the rule that statutes of limitation are tolled for those who are incapacitated due to mental disability
In the final installment of three recent decisions by the Georgia Supreme Court regarding the constitutionality of tort reform measures passed by the General Assembly in 2005, the state’s high court struck down a cap on non-economic damages (e.g., pain and suffering) in medical malpractice cases, declaring the cap to be a violation of the right to jury trial provided for by the Georgia Constitution
