A Georgia state court judge has ruled that Georgia’s cap on non-economic damages in medical malpractice cases is unconstitutional, since it “ invades the right to a jury trial by usurping one of the fact-finding responsibilities of the jury,” according to the San Diego Injury Lawyer Blog . Judge Diane Bessen also found that Georgia’s cap violated the state’s Separation of Powers Doctrine, and its Equal Protection clause, both of which essentially echo those in the U.S. Consititution. Addressing key issues of public policy, Judge Bessen pointed out that such caps “diminish the deterrent effect of tort law,” and impose an unfair “financial burden on the most victimized of plaintiffs.”
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