Limitations on Discovery; Satisfaction of Medical Criteria Necessary to Establish Prima-Facie Evidence of Medical Impairment; Admissibility of Expert Reports

  1. Law
  2. Georgia Code
  3. Torts
  4. Asbestos and Silica Claims
  5. Limitations on Discovery; Satisfaction of Medical Criteria Necessary to Establish Prima-Facie Evidence of Medical Impairment; Admissibility of Expert Reports

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  1. Until such time as the trial court enters an order determining that the plaintiff has established prima-facie evidence of physical impairment, no asbestos claim or silica claim shall be subject to discovery, except discovery related to establishing or challenging the prima-facie evidence of physical impairment or by order of the trial court upon motion of one of the parties and for good cause shown.
  2. The medical criteria set forth in this chapter to establish prima-facie evidence of physical impairment are solely for the purpose of determining whether a claim meets the criteria to proceed in court. The fact that a plaintiff satisfies the criteria necessary to establish prima-facie evidence of physical impairment for an asbestos claim or silica claim shall not be construed as an admission or determination that the exposed person in fact has a condition related to exposure to asbestos or silica and shall not be cited, referred to, or otherwise used at trial.
  3. Unless stipulated to by the parties, an expert report submitted for the purpose of establishing or challenging prima-facie evidence of physical impairment is inadmissible for any other purpose.

(Code 1981, §51-14-8, enacted by Ga. L. 2007, p. 4, § 1/SB 182.)


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