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Effort in Georgia To Eliminate Your Seventh Amendment Right to a Jury Trial

February 11, 2015 | Robin Frazer Clark

Did you know there is underway right now an effort in the Georgia Senate to eliminate your Seventh Amendment right to a jury trial in medical malpractice cases? That’s right. A bill has been introduced (again), SB 86, that seeks to eliminate jury trials in medical malpractice claims. This bill was introduced by Senator Brandon Beach from Alpharetta, and this is, at least, the second time around for the bill. Last year the same bill was introduced and a coalition made up of odd bedfellows, the Georgia Trial Lawyers Association (GTLA) and the Medical Association of Georgia (MAG), opposed it and it died a slow death. Like Lazarus, it has now been resurrected.

Supporters of the bill make the wild claim that this bill would reduce so-called “defensive medicine” where doctors supposedly order unnecessary medical tests. I find such a claim outrageous and offensive. Doctors should, likewise, be offended by this strategy. I have talked with many doctors and taken many depositions of doctors. I have never found them to order what they know are unnecessary medical tests. For a doctor to order what he or she knows to be an unnecessary test (and get paid for it, by the way) would be fraudulent and would violate every ethical oath the physician has ever taken. So that cannot be the real issue with this piece of legislation.

Who is behind it? Not the doctors themselves, as evidenced by the opposition of MAG, the doctors’ professional association. Not the citizens of Georgia. There has been no rallying cry that doctors shouldn’t be held accountable as every other citizen may be with he or she commits negligence that results in injury to someone. There have been no “runaway” verdicts in Georgia, either. Statistics show that doctors and hospitals win almost 85%-90% of all medical malpractice trials in Georgia.

Georgia Trial Lawyers Association Annual Convention and Seminar, May 10-11, 2012

April 14, 2012 | Robin Frazer Clark

On May 10-11 I’ll be at the Georgia Trial Lawyers Association (GTLA) Annual Seminar and Convention held at the Loews Hotel in Midtown Atlanta. This is ground zero for the best trial lawyers in the State of Georgia. I am speaking on the power of cognitive neuroscience use at trial. I will also be introducing our Thursday luncheon speaker, Professor Curtis Wilkie, author of Fall of the House of Zeus, about the rise and fall of Dickie Scruggs who was once, arguably, the most powerful trial lawyer in the world but who is now serving time in prison. I will also be introducing our Friday luncheon speaker, Dr. Paul Voss, Founder of Ethikos, Inc. who will speaking about the ethics of decision making.

I always enjoy the fellowship of my fellow Georgia Trial Lawyers and find simply being with them inspires me to continue to fight the good fight, finish the race and keep the Faith.

GTLA Welcomes New President, Chris Clark

April 30, 2009 | Robin Frazer Clark

GTLA Welcomes New President, Chris Clark of Macon, Georgia
GTLA wishes to thank out-going President Fred Orr for his wisdom and vision over the past year. With him at the helm, many things have been accomplished (including this new website). With Fred as the Immediate Past President, GTLA eagerly welcomes Chris Clark to his new role. Chris’ intelligence, leadership style and passion for the Civil Justice System will only serve to make this great organization stronger.

At the President’s Gala on Friday night, 250 members of GTLA watched as Fred Orr handed the reins over to Chris Clark– both of whom received a standing ovation. Congressman Bruce Braley of Iowa, a trial lawyer, a champion for justice in Washington DC and a Past President of his state’s TLA entertained and enlightened the crowd with his tales of courage in politics as the keynote speaker. The evening ended with incredible comaraderie found only at GTLA events.

Will Georgia Doctors Attempt to Force Georgia Citizens to Waive Their Rights under the Georgia Constitution?

June 1, 2007 | Robin Frazer Clark

It seems that in New Jersey, physicians are forcing their patients to give up their rights to sue the doctor in the event of malpractice before the doctor will even agree to see the patient. To read the full article, click here.

Let’s hope this doesn’t make its way to Georgia…otherwise, hundreds of Georgia citizens will be involuntarily forced to give up their constitutional rights, under the Georgia Constitution, to hold a doctor accountable for that doctor’s negligence or carelessness. Unfortunately, noneconomic damages in Georgia are already capped at $350,000.00, a drop in the bucket if you are talking about someone’s life. The Georgia General Assembly decided that was the value of the life of a Georgia citizen, their constituents, when it passed SB3 in 2005. My guess is that if pressed on the issue, no Georgia Legislator would dare agree that the value of the life of one of his sons or daughters amounts only to a mere $350,000.00. But that’s what the Georgia Legislature has told Georgia citizens their lives are worth. The largest medical malpractice insurer in Georgia, MAG (Medical Association of Georgia) Mutual, promised to lower their malpractice insurance premiums in exchange for SB3 and a cap on damages, but MAG hasn’t lowered premiums yet, two years after the passage of SB3, and I wouldn’t hold my breath waiting for MAG to do so anytime soon.

And let’s think about this…what kind of healthcare do you think you’re going to get if the doctor knows he won’t have to responsible for his mistakes?