The Georgia Supreme Court has been considering a challenge to the constitutionality of the state law that caps damages in medical malpractice suits.  
  
In 2005, Georgia legislators passed a law that limits the amount that a jury can award medical malpractice victims to $350,000 for their pain and suffering.  Attorneys for Betty Nestlehutt argue that this limit is unconstitutional as it overturns the right of a jury to determine fair compensation.
  
Following her jury trial, Ms. Nestlehutt was awarded more than $1.2 million for her 2006 plastic surgery malpractice suit.  The award included $115,000 for past and future medical expenses, and $1.15 million in non-economic damages. The defendants argued that the non-economic damage award should have been limited to $350,000, for a total award of $465,000.

State Court Judge Diane Beesen agreed with the jury’s decision and declined to apply the state damage cap to the compensation awarded to Ms. Nestlehutt.   Lawyers for Atlanta Oculoplastic Surgery are appealing the judge’s decision and are asking that the Georgia Supreme Court enforce the cap and limit the damages awarded to Ms. Beeson.
  
The state Supreme Court is currently debating whether tort reform laws that limit jury-determined damage awards violate the Constitutional right to trial by jury.
  
Read more here.