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Opponents of Controversial Tort Reform Bill Respond

September 25th, 2013

A group of state lawmakers continues to study a Senate bill that seeks to overhaul Georgia's medical malpractice system.

Senate Bill 141 would move all malpractice claims out of the courts and into an administrative system. A panel of state appointees would determine liability and damages.

At a committee hearing held in August, supporters of the proposed overhaul argued it would help lower costs and attract doctors to the state.

Tuesday, the bill’s opponents got a chance to respond.

Former Georgia Attorney General Mike Bowers said the new system was clearly unconstitutional because it stripped patients of their fundamental right to a jury trial.

“I know there are some very bright people that have said otherwise, but I just can't imagine the bill being upheld,” said Bowers, who also spoke out against the bill during last year's legislative session.

John Harvey, a trauma surgeon in Gwinnett County, argued the measure would increase costs because the system would allow patients to receive payouts for relatively minor claims. He spoke on behalf of the Medical Association of Georgia, which represents about 40 percent of the state’s physicians.

“We feel like this has no track record or proven system where this has worked. It’s a certainly radical change to move to a totally different adjudication system,” said Harvey.

At the end of the meeting, the bill author's – State Sen. Brandon Beach (R-Alpharetta) – vowed to continue pushing the bill.

The next hearing is scheduled for next month.