Georgia Governor Brian Kemp Pushes for Sweeping Tort Reform to Lower Costs for Healthcare Providers

Update as of 3/20/2025:

The House voted 91-82 earlier this afternoon to pass Senate Bill 68 as substituted by the Rules Subcommittee on Tuesday. Due to the amendments made in the House, the bill will go back to the Senate. If it passes, it will be sent to Governor Kemp for approval.

Update as of 3/11/2025: 

On Wednesday March 5, 2025, the Subcommittee of Rules on Lawsuit Reform met to discuss Senate Bill 68. The Subcommittee focused on Sections 1 - 5 of the bill and heard testimonies from members of the public in support and against the bill. Senator Kennedy, the bill’s sponsor, concluded the meeting by addressing the committee. The bill, which passed the senate a few weeks ago, is still in the house awaiting a vote.  

Update as of 2/12/2025: 

 SB 68 has passed the Judiciary Committee and is now set to be voted on in the Senate. The exact date of the vote has yet to be determined. The version of the bill that passed committee received some updates. Though it remains favorable for healthcare providers, it now provides more flexibility to the plaintiff lawyers regarding monetary value to compensate for pain and suffering. 

Original article posted on 2/6/2025: 

Governor Brian Kemp has unveiled an ambitious package of tort reform proposals, aiming to curb excessive litigation and reduce skyrocketing insurance premiums for medical providers. He has made it clear that he wants a bill on his desk by the end of the legislative session.  

The legal environment for healthcare providers in Georgia has steadily worsened, and the state now holds the dubious distinction of being tied with Pennsylvania as the nation’s #1 “judicial hellhole.” This designation reflects a troubling landscape filled with excess verdicts and questionable rulings from the Georgia Supreme Court, contributing to an environment where legal costs spiral out of control. 

For healthcare providers, several key flaws in Georgia’s judicial system have made it increasingly difficult to operate:

• Inflated Damage Claims: Plaintiffs can overstate claims by referencing published procedure rates rather than the actual, negotiated rates patients pay. 

• Unfounded Verdicts: Plaintiff lawyers can suggest arbitrarily high damage awards that have little to no basis in the actual case. 

• Double-Dipping Legal Fees: A loophole exists that allows courts to award attorney fees twice, once to counsel under certain circumstances in a personal injury lawsuit and a second time to the insured for a “bad faith” denial of insurance coverage in a lawsuit.  

• Manipulative Case Dismissals: Plaintiffs can dismiss a case right up to the point of trial and then start all over again if they feel it wasn’t progressing in their favor.
  

These issues have gone unaddressed for too long. Fortunately, Governor Kemp has made tort reform a top priority. Senate Bill 68 proposes solutions to these and other pressing problems, aiming to create a fairer legal environment for healthcare providers. 

How You Can Help

MagMutual is actively supporting this legislation, working alongside lobbyists and special interest groups on your behalf to push for its passage. However, this bill will face strong opposition, and your voice is critical. We encourage you to contact your local representatives and urge them to support SB 68. The stakes are high, and this reform could significantly improve Georgia’s legal landscape so that your malpractice risk and costs come down.

Let’s work together to bring meaningful change to the Georgia healthcare community. 

Contact Your Local Representative 
Summary of SB 68 
Full Bill