TORTS AND CIVIL PRACTICE Civil Practice and Procedure Generally: Change Provisions Relating to Venue in Actions with Joint Defendants; Provide That Courts of This State May Under Certain Circumstances Decline to Decide Cases Under the Doctrine of Forum Non Conveniens; Change Provisions Relating to Affidavits Accompanying Charges of Professional Malpractice; Provide for Defendants' Access to Plaintiffs' Health Information in Medical Malpractice Cases; Provide for Offers of Judgment and the Effect Thereof; Provide New Procedures for Damages for Frivolous Claims and Defenses. Torts General Provisions: Change Provisions Relating to the Establishment of Liability and Standard of Care in Certain Actions Relating to Emergency Health Care; Change Provisions Relating to Agency Liability of Hospitals; Change Provisions Relating to Apportionment of Award According to Degree of Fault; Create Provisions Related to Apportioning Damages in Certain Malpractice Actions; Limit Noneconomic Damages in Certain Actions Relating to Health Care; Provide for Payment Over Time of Certain Future Damages in Certain Actions; and for Other Purposes

Authors

Georgia State University Law Review

Document Type

Peach Sheet

Abstract

The Act provides for civil justice reform in Georgia, amending Titles 9, 24, 33, 43, and 51 of the Official Code of Georgia Annotated. The Act addresses venue for cases involving joint defendants and the doctrine of forum non conveniens. It also amends procedures relating to affidavits in professional malpractice cases by requiring that plaintiff file, with the complaint, an affidavit of an expert competent to testify. In addition, the Act also requires authorizing the release of the plaintiff's medical information in medical malpractice cases. The Act further provides guidelines associated with offers of settlement and the reduction of frivolous lawsuits. Moreover, the Act provides that courts shall not admit certain statements of apology or similar statements by health care providers as evidence in civil actions. It also changes the standards of expert testimony and expert witness qualification. The Act requires reporting instances of medical malpractice judgments and settlements and provides for investigations and remedial actions with respect to physicians' fitness to practice. Further, the Act addresses liability in the emergency room context and liability involving independent contractors. It also eliminates joint and several liability in favor of apportionment of damages according to degree of fault. The Act also provides a cap on noneconomic damages in certain actions relating to health care and allows for periodic payments over time. The Act concludes by providing for severability, designating an effective date, and repealing conflicting laws.

Recommended Citation

Georgia State University Law Review, TORTS AND CIVIL PRACTICE Civil Practice and Procedure Generally: Change Provisions Relating to Venue in Actions with Joint Defendants; Provide That Courts of This State May Under Certain Circumstances Decline to Decide Cases Under the Doctrine of Forum Non Conveniens; Change Provisions Relating to Affidavits Accompanying Charges of Professional Malpractice; Provide for Defendants' Access to Plaintiffs' Health Information in Medical Malpractice Cases; Provide for Offers of Judgment and the Effect Thereof; Provide New Procedures for Damages for Frivolous Claims and Defenses. Torts General Provisions: Change Provisions Relating to the Establishment of Liability and Standard of Care in Certain Actions Relating to Emergency Health Care; Change Provisions Relating to Agency Liability of Hospitals; Change Provisions Relating to Apportionment of Award According to Degree of Fault; Create Provisions Related to Apportioning Damages in Certain Malpractice Actions; Limit Noneconomic Damages in Certain Actions Relating to Health Care; Provide for Payment Over Time of Certain Future Damages in Certain Actions; and for Other Purposes, 22 Ga. St. U. L. Rev. (2012).
Available at: https://readingroom.law.gsu.edu/gsulr/vol22/iss1/23