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Tort reform law may shrink $5M judgment

LTC Liability Monitor, June 10, 2004

A jury awarded on Monday $5 million in punitive damages to the family of a 90-year old Georgia nursing home resident-but the family may only see $250,000 of that award due to the state's cap on noneconomic damages, the Columbus Ledger-Enquirer reported.

During the resident's 27-month stay at Marion Memorial Nursing Home, she became malnourished, acquired severe pressure ulcers resulting in amputation, and died shortly thereafter. The jury previously awarded the resident's family $362,500 in compensatory damages.

However, jurors indicated in their $5 million decision that although the facility displayed "conscious indifference to the consequences," it did not have "specific intent to harm." Without this intent, the facility's attorneys may seek the $250,000 cap, according to the Ledger-Enquirer.

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