Yesterday, the Georgia Supreme Court handed down two cases that will have a strong impact on tort reform in the state. Whether or not the citizens of Georgia will like the result may depend on which side of the courtroom they are on now, or in the future. The first case the Court decided involves the increased burden of proof on plaintiffs in medical malpractice suits against ER doctors, the second, a penalty for plaintiffs in tort suits who refuse good faith settlement offers.

Michael Terry, who argued the case on behalf of Gliemmo and her husband, said the decision will make emergency room practice less safe. “An ER doctor is now the one professional who is free to be negligent without legal repercussion,” he told The Journal-Constitution.

The second case involved a defamation suit by a salon owner against former Atlanta Falcon Chuck Smith, who made disparaging comments during a radio interview about the treatment his daughter received at the salon. The salon owner, Cheryl Baptiste, sued but turned down the $5,000 Smith offered to settle. After Smith prevailed in court, Baptiste was then (under the tort reform law) responsible for $50,000 in attorney’s fees. The court upheld the result in a 5-2 decision. Smith’s attorney called the law an “effective tool for both plaintiffs and defendants.”

The Court will hear one more tort reform case regarding a $350,000 cap on jury awards in medical malpractice suits. That case will go before the court by the end of March. 

Related Resources:

  • Ga. Supreme Court upholds ER statute (The Atlanta Journal-Constitution)
  • Trend: Medical Malpractice Tort Reform (FindLaw)
  • Tort Reform: Questionable Success and Obvious Shortcomings (FindLaw)
  • Medical Malpractice Overview (provided by Gatti, Keltner, Bienvenu & Montesi, PLC)
  • Brain Injury Litigation (provided by The Law Office of Elam & Rousseaux, P.A.)

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