Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt
Supreme Court of Georgia
691 S.E.2d 218 (2010)
Relevant factsFree
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.
IssueFree
Whether a statutory cap on a noneconomic-damages award determined by a jury is constitutional.
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