Georgia’s ‘Tort Reform’ and the Fight Ahead: The True Cost of SB 68

SB 68, Georgia’s “tort reform” proposal, passed the House this week by a single vote.

So what did the State House do the very same day it passed a law that its supporters stated was necessary to bring down insurance rates?

It announced a committee. To study what you ask? To study why insurance rates are going up despite record profits.

That’s not a typo. That’s literally what happened.

They passed a bill that is the most drastic change to Georgia tort law in the last 20 years, based on the claim it was necessary to bring down insurance rates.

And then the very same day they say they want to study why insurance rates are going up while insurance companies are making record profits.

SB 68 was never about bringing down insurance rates. And now that it has passed, insurance companies are going to make it even harder for Georgians to get Justice while making even more money.

Medical Bills vs. Human Suffering: The Flawed Logic Behind SB 68

In the wake of SB 68, I am reminded of a problematic misconception that is rampant in the insurance industry: that the cost of medical treatment is the metric that determines the value of human suffering.

Complex human suffering cannot be reduced to mere columns on a balance sheet that is tied to the cost of medical treatment.

Yet this is what insurance companies routinely do by myopically focusing on medical bills as the sole metric of case value.

Here’s what they’re missing: cases aren’t about bills. They’re about human stories.

They’re about the father who can no longer play catch with his son. The artist whose hands won’t hold a paintbrush anymore. The teacher whose chronic pain keeps her from standing in front of her classroom.

Will SB 68 embolden insurers to lowball injured parties even more? Absolutely.

But those who believe health insurance reimbursement rates will shield them from just compensation are in for a rude awakening.

The courtroom remains where human dignity meets justice and common sense, where twelve citizens still recognize that suffering cannot be reduced to CPT codes and billing statements.

To insurance adjusters and defense attorneys celebrating this legislation: be careful what you wish for. This law may give you a false sense of security, but full and fair verdicts will continue to reflect the true cost of injury to human lives, not just what appears on a hospital invoice.

The numbers will never tell the whole story. And juries will continue to understand what tort reformers and insurance industry insiders don’t: that justice demands we see the person, not just the paperwork.

While it is natural to feel down about this law passing, I’m invigorated and more motivated than ever to keep fighting the fight for my clients.

“The arc of the moral universe is long, but it bends towards justice.” – Martin Luther King Jr.

What are your thoughts about SB 68? Join the discussion with me on LinkedIn.