Does this ruling mean damages caps are completely gone in Georgia medical malpractice cases?
Not entirely — but this ruling significantly weakens their enforceability. The Rockdale County Superior Court found Georgia Code Section 51-13-1 unenforceable on six independent grounds in this case. While this is a trial court ruling (not yet a Supreme Court decision), it is a powerful, well-reasoned order that defense attorneys will have difficulty overcoming. The legal trajectory in Georgia has been moving against damages caps since the Supreme Court’s Nestlehutt decision in 2010, and this ruling continues that trend.
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