Georgia Adopts Tort Reform

January, 2005

On February 17, 2005, Governor Perdue of Georgia signed S.B.3, which is effective upon signing. In its major provisions it:

Eliminates joint and several liability for all cases;
Provides for comparative negligence among all parties for all cases;
Provides for offer of judgment for all cases. An offering party may obtain litigation costs, including attorney's fees, if the final judgment is not at least 25% more favorable than the offer;
Strengthens expert witness rules and includes the Daubert standard for all cases;
Amends venue provisions for all cases;
Requires proof of “gross negligence” in cases against hospital emergency rooms and emergency room physicians;
Limits liability for non-economic damages in medical liability cases to $350,000 per provider, with an overall aggregate cap of $1,050,000; and
Contains “I'm sorry” language that would make statements of sympathy, apology, fault, etc., by health care providers inadmissible as evidence of liability.