Atlanta, GA personal injury attorney Laura M. Shamp talks about her experience in medical malpractice appellate work and a case in which she was able to change Georgia state legislation. She explains that as a trial lawyer, my passion lies in the courtroom. However, due to my educational background at Harvard and my training as both a legal writer and an advocate, I also find great enjoyment in appellate work. Fortunately, I have had numerous opportunities to handle appellate cases, particularly those addressing medical malpractice issues. In fact, I believe I may be one of the lawyers in Georgia with the highest number of appellate cases in this area.

In 2005, Georgia implemented a comprehensive tort reform legislation, which had significant implications for individuals, often considered quite harsh. One of the changes involved allowing doctors to determine the venue for lawsuits, despite the Georgia Constitution granting that right to the individuals filing the suit. It was during this time that I had the privilege of representing the case Turner v HCA, which became the first challenge against a specific portion of the tort reform legislation on the grounds of its unconstitutionality. I presented the argument before the Georgia Supreme Court, resulting in the overturning of the law as unconstitutional. This landmark ruling marked a significant victory for plaintiffs’ lawyers, as it was the first blow against several provisions within the tort reform law. Subsequently, other cases, such as Nesselhut, led to the striking down of additional provisions, including those pertaining to damages caps in medical malpractice cases. It has been an ongoing process, but I take pride in my case being the first to strike down a piece of the tort reform law.