Big business and the insurance industry have one of the most effective lobbying machines in America. They have consistently promoted the idea that frivolous lawsuits are out of control and must be stopped. In 2005, the Georgia legislature passed a law that substituted their judgment in place of the judgment of the jury. This law placed a $350,000 cap on non-economic damages in medical malpractice cases. The Georgia Supreme Court overturned this law as unconstitutional in the case of Nestlehutt v. Atlanta Oculoplastic Surgery and Dr. Harvey Cole, S09A1432, (2010). However, expect those with powerful economic clout to push the legislature to pass similar laws in the future for not only med mal cases but for ordinary negligence cases as well. For the compelling story of Mrs. Nestlehutt’s fight for justice and for reasons why arbitrary caps are a terrible idea, please watch the video of the Nestlehutt story: http://www.youtube.com/watch?v=FFKS3FrRUe4.
