While medical malpractice has been a hotly debated topic in states across the country, Georgia seems to be making headlines with their questionable bill that would create an administrative system to handle all patient claims, rather than the courts. Is Senate Bill 86 unconstitutional? Opposition thinks so, and many consumer advocates are fiercely contesting the bill.

Known as the Patient Compensation Act, this new legislation would not only set limits on how much money a patient could obtain, but it will also require medical professionals to pay into an administrative fund in order to cover the limited compensation. This is radically different than how medical malpractice claims are now handled in a majority of states. If approved, the bill would completely overhaul the system.

Why is the state pushing the Patient Compensation Act?

Those who support the bill claim that overhauling the system would help to eliminate lengthy and often expensive jury trials that most patients simply can't afford. They also say that by reducing "defensive medicine" practices, it will help to decrease health care costs in the long run.

However, opposition of the bill strongly argue that this denies citizen patients the right to have their claims heard by a jury of their peers, which is foundational to the country's legal system. They also claim that the proposed administrative system could actually increase the cost of health care and lead to more frustrations and headaches for doctors.

This is not the first time an administrative system has been suggested to reform Georgia's medical malpractice system. Many of the leading legal professionals in the state responded by pointing out that the civil jury system is a time-tested, proven system that is known to work. They argued that a taxpayer-funded agency would only serve to violate and infringe upon Georgia citizen's rights. Furthermore, removing a patient's right to a trial by jury also eliminates many of the safeguards and accountability mechanisms so thoughtfully put in place.

As the legislative debate continues on, the outcome in Georgia could potentially impact how other states move forward with reforming their medical malpractice systems.