Georgia Supreme Court upholds ER statute

Atlanta Journal-Constitution, March 16, 2010

A narrowly split Georgia Supreme Court has upheld a provision of the state's tort reform law that makes it extremely difficult for patients to recover damages in cases involving emergency room care. Plaintiffs' lawyers argued the law creates what is tantamount to an insurmountable legal threshold for patients injured by malpractice in hospital emergency rooms. But attorneys for hospitals and insurers contend the statute takes into account what happens in chaotic ERs, where doctors are often faced with life-or-death decisions without knowing their patients' medical histories, the Atlanta Journal-Constitution reports.


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