Georgia Enacts Senate Bill 68: Key Tort Reform Changes for Physicians

Key Provisions of SB 68 Affecting Physicians

1. Limitation on Medical Damages ("Phantom Damages"): Applies to cases arising on or after April 21, 2025

Plaintiffs can only recover medical expenses that reflect the actual amount paid or to be paid for necessary and reasonable medical care, rather than the initial billed amounts. This change aims to prevent inflated damage awards based on charges that were never actually paid, potentially reducing the financial exposure for healthcare providers in malpractice lawsuits. The goal is to limit excessive verdicts based on "phantom" charges.

✅ Physicians should...

• Standardize your billing documentation and ensure your practice clearly tracks what insurers and patients actually pay.

• Coordinate with billing services to ensure accurate records in the event of litigation.

• Train your staff to respond to record requests with itemized, paid-amount documentation.

2. Prohibition of "Anchoring" in Jury Arguments: Applies to cases filed on or after April 21, 2025

Plaintiff's attorneys can no longer suggest specific monetary amounts for noneconomic damages, such as pain and suffering, during trials. This measure is intended to prevent undue influence on juries and may lead to more impartial assessments of damages.

✅ Physicians should...

• Work with defense counsel to emphasize evidence-based, clinical care. Emotional arguments will have less influence now.

• Document quality care thoroughly to help juries focus on clinical facts, not hypotheticals or theatrical narratives.

3. Bifurcation of Trials: Applies to cases filed on or after April 21, 2025

Trials can now be split into distinct phases: one to determine liability and another to assess damages. This bifurcation can help ensure that liability is established without the potential bias introduced by discussions of damages, which may benefit physicians by focusing the jury's attention on the standard of care provided.

✅ Physicians should...

• Prepare for early liability-focused strategy. You may win at the liability phase without ever getting into damages.

• Secure expert testimony and documentation early to support standard of care defense.

4. Modification of the Collateral Source Rule: Applies to cases filed on or after April 21, 2025

Juries can now hear evidence of payments made by health insurance (including Medicare/Medicaid) or other third parties toward a plaintiff's medical expenses. This change could result in lower damage awards, as juries are informed of the actual financial impact on the plaintiff.

✅ Physicians should...

• Notify legal counsel of all payments made on behalf of patients (e.g., Medicare, Medicaid, private payers).

• Preserve EOBs (Explanation of Benefits) in patient records in case needed during litigation discovery.

5. Seatbelt Non-Use Use as Evidence: Applies to cases filed on or after January 1, 2026

Defendants can now present evidence that a Plaintiff wasn't wearing a seatbelt.

✅ Physicians that treat motor vehicle accident patients should...

• Document seatbelt usage status

• Train ER/intake staff to include seatbelt usage in intake forms and triage notes.

6. Restrictions on Attorney's Fees

Plaintiffs can no longer recover attorney's fees more than once for the same lawsuit, potentially reducing the overall cost of litigation for defendants, including physicians.

With SB 68 now in effect, physicians and healthcare organizations should consider the following actions to mitigate legal risks:

• Review and Update Billing Practices: Ensure that billing reflects actual costs and payments, as inflated charges may no longer be recoverable in litigation.

• Enhance Documentation: Maintain thorough and accurate medical records to support the necessity and reasonableness of care provided, which can be crucial in defending against malpractice claims.

• Train Staff on Legal Changes: Educate clinical and administrative staff about the new legal landscape to ensure compliance and preparedness in potential litigation scenarios.

• Consult Legal Counsel: Work with a consultant and/or legal professionals to understand the implications of SB 68 on your practice and to develop strategies for risk management and defense in malpractice cases.

• Review Insurance Coverage: Assess current malpractice insurance policies to ensure adequate coverage in light of the new tort reform measures.

Additional Steps Physicians Can Take to Reduce Legal Exposure

📌 By proactively adapting to the changes introduced by SB 68, physicians can better protect themselves against legal challenges and continue to provide quality care to their patients.

For the full text of Senate Bill 68, please visit the Georgia General Assembly's official website.