Earlier this month, the Supreme Court of Georgia issued two decisions which each upheld portions of Georgia’s 2005 Tort Reform Initiative.
More specifically, in the case Gliemmo vs. Cousineau, the Court upheld the “gross negligence” standard of care for emergency room physicians. As a result, there is no liability for these physicians if they are merely negligent.
Additionally, Georgia’s Offer of Judgment Rule was upheld in the case Smith vs. Baptiste. This rule operates as a fee-shifting mechanism wherein the Plaintiff is made responsible for the Defendant’s attorney’s fees if the Plaintiff has refused a pre-trial offer of settlement which is less than the amount received in a verdict.
With the Georgia Supreme Court upholding these provisions, it is reasonable to expect that similar provisions may be enacted in other states.