Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt

Georgia's Tort Reform Act of 2005 capped noneconomic damages in medical malpractice suits at $350,000. Betty Nestlehutt (plaintiff) suffered complications and permanent disfigurement after plastic surgery at Atlanta Oculoplastic Surgery, P.C. (Oculus) (defendant) and sued for malpractice. A jury awarded $1,265,000, including $1,150,000 in noneconomic damages to Nestlehutt and her husband. The statutory cap would have cut the noneconomic award to $350,000. The trial court declared the cap unconstitutional and entered judgment on the full verdict; Oculus appealed.