Wetherington Law Firm

About Wetherington Law Firm

Georgia is one of the more favorable jurisdictions for medical malpractice plaintiffs on one important point. In 2010, the Georgia Supreme Court in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt , 286 Ga. 731 (2010), struck down the statutory cap on non-economic damages in medical malpractice cases as a violation of the constitutional right to a jury trial. That means there is no cap on pain and suffering, loss of enjoyment of life, or other non-economic damages in Georgia medical malpractice cases. The cap on punitive damages under O.C.G.A. § 51-12-5.1(g) remains, and Georgia’s 2025 tort reform legislation (Senate Bill 68) made several procedural changes to civil litigation including bifurcation options, evidentiary rules for medical bills, and timing rules for arguing non-economic damages, all of which apply to medical malpractice cases.

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