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25 Cards in this Set

  • Front
  • Back
SB 3 (2005 Tort Reform bill) was the 1st bill signed by Gov Purdue in 2005.
Effective date of Med Mal provisions in 2005 Tort Reform bill?
Injury or death that occurs >= 2/16/05
2005 Tort Reform bill:
Caps on Noneconomic Damages for Med Mal & Wrongful Death?
Dr & their corp: $350,000

Facility/hospital: $350,000 [limit 2 facilities per case]
Can you stack caps?
Only by "mixing".
One $350K from 1 Dr.
One $350K from all Dr's.
One $350K from 1 hospital.
Two $350K from all hospitals.
What damages are "noneconomic"?
- Pain & Suffering
- Disfigurement
- Loss of Enjoyment of Life
- etc.
What damages are NOT "noneconomic"?
- Medical expenses
- wages or earning capacity
- income
- funeral & burial expenses
- value of services performed by the injured in the absence of the injury or death
(e.g. domestic & other necessary services performed without compensation)
- other monetary expenses
When can a defendant pay damages through an annuity?
If future damages are >= $350K

Act not specify frequency of payments, rating of annuity co., rate of return, inflation, etc.
What "heightened standard" for BOP did the 2005 Tort Reform bill create?
If E.R. treatment --> P must show Gross Negligence by Clear and Convincing Evidence.
2005 Tort Reform bill:
Can a Dr. now say "I'm sorry"?
expression/intimation of: Mistake, regret, sympathy, sorrow, compassion, etc.
--> NOT admissible as admission of liability or statement against interest.
2005 Tort Reform bill:
Must P file at the outset a medical authorization allowing D counsel access to P's medical info & permit D counsel to speak with P's treating Dr's?
No. federal HIPAA law preempts the 2005 Tort Reform bill.
policy: protect patient's privacy interest in medical info.
2005 Tort Reform bill:
When must affidavit be filed?
1) at the time of filing case, or
2) within 45 day grace period for cases filed within 10 days of the expiration of the statute of limitations?
1) at the time of filing case

The 45 day rule has been abolished.
When can a motion to dismiss for a DEFECTIVE affidavit be raised?
At ANY point up to the
When must a motion to dismiss for FAILURE TO FILE an affidavit be filed?
With the Answer.
Can a statute allow a DEFENDANT to REQUIRE a change in venue to the county where the tort was committed?
The Ga. Constitution gives P's the right to bring a case against Joint Tortfeasors in ANY county were ANY D resides.
What is "Vanishing Venue"?
IF: The resident defendant is dismissed from a case
--> Any remaining D can require transfer of the case to his county.
--> Option available ANY TIME (even once judge or jury has handed down a verdict)
What is "Forum non conveniens"?
Basis for a D to request change in venue on grounds of Inconvenience.

Judge's discretion. Factors:
1) P's traditional right to choose among venues
2) Local interest in the case
3) Evidentiary & administrative eased b/c of closeness to evidence, witnesses, & parties
What is the 2005 "Offer of Judgment" Rule?
A makes Settlement Demand on B.
B refuses Offer.
B does not do AT LEAST 25% Better than offer.
B must pay A's attorney's fees and costs: From TIME OF REFUSAL through END OF CASE.
Must state courts conduct Daubert review of expert testimony?
Civil cases --> Yes (if requested)

Criminal cases --> No
What are the requirements for a Med Mal expert for affidavit or testimony?
1) Satisfy Daubert
2) Practiced/taught in the specialty for 3 of 5 years just before the indicent.

["specialty" - look at the criticims alleged NOT the Dr's area of practice]
What is the "notice requirement" hospitals must give to avoid "apparent agency"?
1) Sign
2) 1 inch letters
3) posted in a conspicuous place
[or paper signed by patient]
4) explains that Drs are independent contractors
How does "Empty Chair" defense operate > 2/15/05?
1) D gives notice
2) >= 120 days before trial
3) asks jury to attirbute some or all of blame to parties not in the case
What effect does one D's settlement have on the verdict?
< 2/15/05: Judge discount settlements previously paid from the verdict.
> 2/15/05: Jury apportions fault among BOTH settling and remaining D's
2005 Reform:
When must an insurance company report money paid for a Dr.?
Every Time it pays money on a claim against a Dr.

Report to the "Composite State Board of Medical Examiners"
2005 Reform:
When must the "Composite State Board of Medical Examiners" investigate a Dr.?
Two situations:
1) a payout > $100,000
2) at least 2 prior med mal payouts for the Dr. [i.e. "3rd Strike"]
2005 Reform:
When must the Board conduct an assessment of a Dr's "Fitness to Practice Medicine" ?
When Board has disciplined the same Dr.
3 times
in the last
10 years