as a result of defendant’s averred negligence. Thus, there is not a rational relationship between the purported state interest of providing affordable, quality healthcare and the non-tolling provision for mental incompetents. Malpractice costs make up about: one percent of healthcare costs, and claims brought by incapacitated persons beyond the limitations period make up an extremely small proportion of all malpractice claims. The state law limitation is thus arbitrary, and unconstitutional. In a recent, thoughtful opinion striking down Georgia’s cap on non-economic damages in medical malpractice cases, Fulton County State Court Judge Diane E. Bessen reached a similar conclusion. Nestlehutt v. Atlanta Oculoplastic Surgery, P.C., No. 2007EV002223-J, slip op. at 17-19 (Feb. 9, 2009) (<HOLDING>), available at
holding that ch 980 does not violate principles of equal protection holding that doctrine does not violate equal protection holding that lprs are entitled to the protection of the equal protection clause holding that the state law violated equal protection principles holding complaint that sentence violated equal protection was waived because of failure to object at trial