Dear Georgia clients,
You may recall that earlier this year, we reached out regarding pending Georgia Senate Bills. There's big news from the Gold Dome! On April 21, 2025, Governor Brian Kemp signed Senate Bills 68 and 69 into law—two sweeping medical liability tort‑reform measures we’ve helped champion alongside the Medical Association of Georgia and our legal partners. These twin bills redraw the litigation landscape for every hospital, practice, and provider in the state.
Here's what you need to know at a glance:
- SB 68: Brings broad changes to how lawsuits, particularly personal injury ones, are handled in Georgia.
- SB 69: Regulates third-party litigation funding (when outside companies fund lawsuits in exchange for a cut of the money if the case wins).
We encourage you to review the bills in full (Senate Bill 68 and Senate Bill 69); however, we've outlined some important takeaways on how the new bills impact medical professionals and the healthcare system.
Key Changes in SB 68 (Tort Reform)
1. Medical Damages
- Old Rule: Defendants could only present the full price of medical bills—even if much of it was never actually paid.
- New Rule: Juries can now see both the full charges and the actual amounts paid through insurance, helping prevent inflated damage awards ("phantom damages").
2. Letters of Protection (LOPs)
- If a patient gets medical care on credit, expecting to pay with lawsuit money later, that agreement and detailed billing must now be shared in court.
3. Pain & Suffering Claims
- Lawyers can suggest dollar amounts for pain and suffering only if it’s tied to actual evidence.
- They can’t use irrelevant comparisons (like sports salaries) to influence juries.
- Any dollar amount suggested in closing must also have been mentioned in opening arguments.
4. Trial Procedures
- Dismissal Motions: Defendants can file to dismiss a case without having to go through full prep work unless the court denies it.
- Split Trials: Trials can now be split into stages—first to determine fault, then damages, and finally, if needed, punitive damages.
- Case Dismissals: Plaintiffs can no longer easily drop and refile cases at will. They have only 60 days to dismiss after the defendant answers, and repeat dismissals are treated as final losses.
Key Changes in SB 69 (Third-Party Litigation Funding)
What It Does
Regulates companies or individuals who invest in lawsuits for a return if the plaintiff wins.
Main Provisions
- All funders must register with Georgia’s Department of Banking and Finance.
- Their funding contracts can be requested in court.
- Foreign funding: Tight restrictions on funding from foreign governments or entities linked to them.
- Ethical rules: Funders can’t control lawsuits, select lawyers or experts, or have referral deals with medical clinics or law firms.
- They can’t take more money than what the plaintiff receives after paying legal fees.
- Big funders (those giving $25K+) could be held liable for legal penalties or costs if the plaintiff loses.
When These Laws Apply
- SB 68: Effective immediately.
- Other major parts (like premises liability and medical damages) only apply to cases that began after the law took effect.
- SB 69: Goes into full effect January 1, 2026.
- But some discovery requirements for funding agreements apply to contracts entered into or claims filed after April 21, 2025.
