In a decision all but certain to be appealed to the Supreme Court of Georgia, Fulton County Superior Judge Marvin S. Arrington Sr. has declared unconstitutional limits on pain and suffering damages that may be awarded to successful medical malpractice plaintiffs.

The caps on noneconomic damages that may be levied against medical providers-$350,000 for one provider, or $700,000 for multi-defendant cases -were a key provision of the sweeping legislation passed by the General Assembly in 2005 that made it harder for plaintiffs to win tort cases.

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