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Articles Posted in Medical Malpractice

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Wrong Site Surgery is a Very Real Medical Malpractice Problem

With the incredible amount of medical technology available in the United States it is hard to believe that doctors are performing procedures on the wrong patient or body part with regularity. Wrong site surgery is a very real problem in Georgia and the rest of the country. As a medical…

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Editorial on Georgia’s Medical Malpractice Tort Reform

With the Supreme Court of Georgia’s recent monumental decision on medical malpractice damages caps, the tort reform debate is back in the news. As a Marietta Medical Malpractice Lawyer, when I saw that Joe Kirby (Editor of the Editorial Page of the Marietta Daily Journal) had written an article on…

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Georgia Medical Malpractice Damages Caps Ruled Unconstitutional by the Georgia Supreme Court (Nestlehutt Case)

In 2005, under extreme pressure from the insurance industry, the Georgia Legislature passed sweeping tort reform measures (known as SB3) drastically changing Georgia law. At the heart of SB3 is OCGA § 51-13-1, which limits noneconomic damages in medical malpractice actions. Under this law no matter what value a jury…

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ER Gross Negligence Statute Upheld by the Supreme Court of Georgia

Since 1863, Georgia law has required that those practicing medicine for compensation must bring to the exercise of their profession a reasonable degree of care and skill, and Georgia law has provided that any injury resulting from a want of such care and skill shall be a tort for which…

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The Supreme Court of Georgia Upholds the “Offer of Settlement” Statute, OCGA § 9-11-68

In 2005, by the narrowest of margins, the Georgia Legislature passed sweeping changes to Georgia’s tort laws, known as SB3. Included in those changes was the new “Offer of Settlement” statute, codified at OCGA § 9-11-68. The Offer of Settlement statute has created a new mechanism for punishing a party…

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Powerful Video; True Story of a Georgia Medical Malpractice Victim (The Nestlehutt Case)

The above video illustrates why we need government watchdogs, consumer advocates and Georgia trial lawyers fighting for the constitutional right to a jury trial. If you watch the video you will understand why the American System of Civil Justice should be protected from the insurance companies. We continue to pray…

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Illinois Supreme Court Holds Medical Malpractice Caps Unconsitutional

Proponents of civil justice are celebrating and insurance companies are fuming in the wake of yesterday’s decision by the Illinois Supreme Court. Illinois’ highest court ruled capping damages for victims of medical malpractice violated the State Constitution’s separation of powers clause by imposing decisions reserved for judges and juries. That…

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Georgia Victims of Medical Malpractice May Lose Access to the Courts if the Insurance Companies Have Their Way

Insurance companies are waging war on the American Civil Justice System. They consider the Right to Trial by Jury and the Rule of Law unnecessary speed bumps reducing insurance company profits. Insurance companies began their organized attack on the constitutional right to a trial by jury since before this Georgia…

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