Test of Georgia Senate Bill 141: Patient Injury Act; Create An Alternative Medical Malpractice Litigation
Opinion Piece: Georgia Patients Rights Under Assault by James "Jay" Sadd. The Atlanta Journal Constitution. February 21, 2013. Print or digital subscription.
The trial lawyers association president in this opinion piece presents his opposition to SB 141 as an assault on the right to trial by jury in the case of medical malpractice. He is also critical of having a panel of doctors sit in judgement of fellow doctors in cases of medical malpractice. Dismissing concerns about defensive medicine he cites the role of insurance companies in questioning unnecessary tests. According to this opinion piece the toll of preventable medical errors supports the present system.
Opinion Piece: Adopt New System For Medical Justice by Wayne Oliver. The Atlanta Journal Constitution. February 21, 2013. Print of digital subscription.
The system presented by Mr. Oliver would be similar to the one used for workers compensation claims. Under this proposed system in SB 141 a review panel of medical experts would, if appropriate, make a finding of "avoidable harm" and forward the finding to a compensation board for awards which would be no less than under the current system An advantage of this system would be that small claims for cases that might be too small for a lawyer to take would receive attention. Also, the opinion piece asserts doctors and hospitals would not be hauled into court under SB 141 and claims would be resolved quicker.
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