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Mother's Death Is Case Study for Tort Reform
Tort reform is a hot topic all over the country, with advocates on both sides of the issue citing to particular cases and their outcomes as evidence for why damages should or should not be limited. Reforms other than damage caps are also being made or proposed, such as limitations on who may testify as a witness, on which cases can actually go to trial and on whether arbitration must first be attempted before trail can commence, among others.
Georgia Senate Bill 3, which the Senate passed and which is expected to pass in the House, is similar in many ways to reform legislation being pushed in other parts of the country. It calls for a cap on noneconomic damages at $250,000, or $750,000 if multiple tortfeasors are found liable, and requires certain minimum qualifications of expert witnesses. It also would force one who refuses a settlement offer to pay both parties' attorney fees if the eventual jury verdict is within 25% of the settlement offer amount. What will the effect of SB 3's final passage be on the typical medical malpractice case in Georgia?
While there may be no “typical” medical malpractice story, the case of Tracy Marie Bonner, a 29-year-old Columbus, GA, homemaker who died in 2002 after what was supposed to be a routine surgery, offers a fair example of the effects SB 3's reforms might have on a litigated medical malpractice case. On Jan. 21 of this year, a Muscogee County, GA, Superior Court jury awarded Bonner s family $2.5 million, jointly assigning liability to Dr. Ronald Beck, a Phenix City, AL, gynecologist; and the hospital, The Medical Center, in Columbus, GA.
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