Why did the Georgia Supreme Court conclude that the statute was unconstitutional? Why did the Georgia Supreme Court feel it necessary to examine English legal precedents going back as far as 1374 in order to decide a case before it for decision in 2010?

Why did the Georgia Supreme Court conclude that the statute was unconstitutional? Why did the Georgia Supreme Court feel it necessary to examine English legal precedents going back as far as 1374 in order to decide a case before it for decision in 2010?

1. Why did the Georgia Supreme Court feel it necessary to examine English legal precedents going back as far as 1374 in order to decide a case before it for decision in 2010?
2. Why did the Georgia Supreme Court conclude that the statute was unconstitutional?

Hunstein, Chief Justice
This case requires us to assess the constitutionality of OCGA § 51-13-1, which limits awards of noneconomic damages in medical malpractice cases to a predetermined amount. The trial court held that the statute violates the Georgia Constitution by encroaching on the right to a jury trial, … In January 2006, Harvey P. Cole, M.D., of Atlanta Oculoplastic Surgery, d/b/an Oculus, performed… laser resurfacing and a full facelift on appellee Betty Nestlehutt. In the weeks after the surgery, complications arose, resulting in Nestlehutt’s permanent disfigurement.


 

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The post Why did the Georgia Supreme Court conclude that the statute was unconstitutional? Why did the Georgia Supreme Court feel it necessary to examine English legal precedents going back as far as 1374 in order to decide a case before it for decision in 2010? appeared first on Term Paper Tutors.

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