We the People - Challenging Georgia's malpractice caps

The following is a short film on Betty Nestlehutt. After receiving plastic surgery, Mrs. Nestlehutt, 72, was left with severe injuries to her face. Her ordeal and the botched procedure has caused Georgias arbitrary $350k cap on damages to come under fire at the GA Supreme Court. Warning: This film includes graphic images and may upset some viewers.

In 2005, the Georgia legislature passed a law (SB 3) to substitute their judgment for that of the people in the courtroom. This law offends the constitutional rights of patients who, like Mrs. Nestlehutt, are left permanently disfigured by the negligent acts of another.

Now, Ms. Nestlehutt is challenging this law. The Supreme Court of Georgia will be ruling in March 2010 on the constitutionality of Georgia's $350,000 cap on non-economic damages.

The law was ostensibly passed to respond to the high cost of medical liability insurance. But, as the film shows, rates have not dropped significantly in the last five years, and have tracked with national trends.

What's more, the new laws have not spurred competition in the medmal insurance market: in 2005 there were 139 insurers offering coverage in Georgia. Today there are only 138.

Caps didn't solve the insurance problem, it just increased the profits of insurers. It's a one-size-fits-all, big government solution that restricts the fundamental rights of injured patients and their families.

Category:

People & Blogs

Tags:

• Law
• SB 3
• Senate Bill 3
• Georgia Watch
• Georgia legislature
• caps on damages
• Supreme Court of Georgia
• medmal
• big government
• 7th amendment
• seventh amendment
• tort reform
• Nestlehutt
• Betty Nestlehutt
• Adam Malone
• Malone