Limits on “pain and suffering” unconstitutional
Georgia is the latest state to rule that limits on pain and suffering damages in medical malpractice are unconstitutional. Supreme Court Judge, Chief Justice Carol Hunstein agreed that imposing statutory limits on non-economic damages were unconditional and raised serious concerns regarding governmental separation powers. The ruling is good news for the people of Georgia, and a victory for supporters of an individual's right to trial by jury. In February 2010, the Illinois Supreme Court reached a similar conclusion, also ruling a statute limiting damages in medical malpractice suits unconstitutional.
