There is little likelihood Georgia legislators will respond to a high court decision striking down a new law restricting malpractice suits by immediately drafting revised legislation, a government expert for an insurance trade group said today.

"I doubt there's enough sentiment to get that done in the current session," said Raymond G. Farmer, the American Insurance Association's assistant vice president for the Southeast Region.

His comments came after Monday's Georgia Supreme Court ruling that found part of a 2005 law restricting where malpractice suits could be brought violated the state constitution.

The court, in a unanimous decision, ruled out a provision of the state law that allowed defendants in malpractice cases to require the action against them to be tried in the county where they are based if that was where the alleged malpractice occurred.

According to the six-judge ruling, under the law the power to change the place where a case is tried resides with the courts, and the new legislation improperly stripped them of that power.

A defendant "may require a court to transfer venue by simply filing a motion to transfer, thus divesting the courts of any power over the decision to change venue," the decision stated.

AIA called the ruling a "setback for Georgia's recent progress on civil justice reform," adding that "the objective of the provision was to prevent a plaintiff's lawyer from venue shopping to find a more sympathetic jury pool."

The case at issue involved an Atlanta area shared hospital network, EHCA Cartersville, LLC v.Bart Turner.

Mr. Farmer noted that the decision came almost one year to the day that Georgia's legislature passed S.B. 3, a comprehensive tort reform bill.

The court decision, which cannot be appealed, is "a blow to the goal of leveling the playing field for plaintiffs and defendants alike regarding venue in medical malpractice cases," said Mr. Farmer.

State Sen. Preston Smith, R-Rome, who sponsored the reform bill, did not respond to a request for comment prior to the posting of this article. The Senate Democratic minority, which raised objections when the legislation was passed, also had no immediate comment.

Passage of litigation reform legislation was one of the key priorities of Republicans last year when they took control of both houses of the legislature.

Special Reports /

Ga. Lawmakers May Not Act After Court Tosses Tort Law

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