Advocacy in the states

The Georgia Supreme Court struck down that state’s $350,000 cap on noneconomic damages. The state’s high court ruled that such limits violate the constitutional guarantee of trial by jury and cited the state constitution’s comprehensive constitutional jury trial provisions.

The statute in question was signed into law in 2005 and also limited noneconomic damages against providers at $350,000, awards against multiple facilities at $700,000, and awards against multiple facilities and providers at $1,050,000. The unanimous court ruling will apply retroactively, including to the cases currently under appeal.

In March, the Maryland House Committee on Health and Government Operations and the Senate Committee on Education, Health and Environmental Affairs held a hearing on companion bills (HB 324 and SB 672). This legislation clarifies that patients in the state have access to diagnostic imaging services provided in the office of their treating physicians.

This content is only available to members of the AAOS.

Please log in using the link at the top right corner of this page to access your exclusive AAOS member content.

Not a member? Become a member!