Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt

286 Ga. 731, 691 S.E.3d 218 (2010)

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Nature of the Case

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Facts

Nestlehutt (P) had Cole, M.D., of Atlanta Oculoplastic Surgery (D) perform CO2 laser resurfacing and a full facelift on her. Complications arose, resulting in P’s permanent disfigurement. P sued D for medical malpractice. On retrial, the jury returned a verdict of $1,265,000, comprised of $115,000 for past and future medical expenses; $900,000 in noneconomic damages for P’s pain and suffering; and $250,000 for the husband’s loss of consortium. P then moved to have OCGA § 51-13-1, which would have reduced the jury’s noneconomic damages award by$800,000 to the statutory limit of $350,000, declared unconstitutional. The trial court granted the motion and thereupon entered judgment for P in the full amount awarded by the jury. D moved for a new trial, which was denied, and this appeal ensued.