2026 GAHA Annual Meeting and Health Law Update-Professional Liability Update

Professional Liability Update

Pdf Summary

The presentation gave a professional liability update for the 2026 Georgia Academy of Healthcare Attorneys Annual Meeting and Health Law Update. It covered four main topics: 2025 tort reform, key case law, trials and verdicts, and litigation strategies.<br /><br />On tort reform, the update noted several changes already affecting litigation in Georgia: the collateral source rule was eliminated, damages may now be bifurcated, anchoring arguments are more limited, motions to dismiss may be used instead of answers in some situations, dismissals are more restricted, and attorney’s fees can no longer be double-recovered.<br /><br />The case law section focused on two important cases. In MCCG v. Turner, the issue was whether Georgia’s $350,000 cap on non-economic damages for wrongful death applies, and the presentation emphasized that the cap does not affect economic damages or pre-death pain and suffering. The likely decision date was July 17. The slides also showed how the cap could significantly reduce verdict exposure in some cases, such as wrongful death claims. In Howard v. Coffee Regional, the issue was COVID immunity for hospitals. The ruling stated that entities are not protected by the Georgia Emergency Management and Homeland Security Act (GEMA), only individuals, and the COVID Business Safety Act did not apply.<br /><br />The trials and verdicts section highlighted substantial recent verdicts, including a $70 million verdict in April 2025 and a $48 million verdict in December 2025, along with multiple verdicts in the $20 million to $30 million range and 15 defense verdicts.<br /><br />Finally, the strategies section identified areas to watch in future cases: maximizing pain and suffering claims, institutional negligence theories, complex electronic discovery, and discovery disputes and sanctions.

Keywords

Georgia tort reform

professional liability

healthcare attorneys

wrongful death cap

non-economic damages

COVID immunity

GEMA

trial verdicts

electronic discovery

litigation strategies