As a medical malpractice attorney practicing in Atlanta and north Georgia, I was disappointed to hear the Georgia Supreme Court upheld parts of the 2005 tort reform this week making it very difficult, if not impossible, for Georgia patients to recover damages against emergency rooms and their doctors and staff. In a vote along what appear to be political party lines, the 4-3 majority of the court upheld the Georgia statute requiring patients to establish by clear and convincing evidence that an ER doctor committed gross negligence in order to prevail in a malpractice suit. Gross negligence is defined under Georgia law as the failure to exercise even a slight degree of care.
The majority's rational for upholding the law was basically that the legislature had legitimate reasons to promote affordable malpractice insurance for hospitals. Of course, medical malpractice insurance companies in Georgia consider the ruling a victory. Unfortunately, what is a victory for the insurance companies is a loss for the citizens of Georgia. In my opinion it is now almost impossible for a patient to successfully bring a medical malpractice claim against an emergency room doctor.
This is now the state of the law in Georgia when it comes to suing ER doctors. The only way the law will change will be if our General Assembly and Governor decide to amend the statute. I don't see this happening for a very long time, if ever. It will most likely happen if, and when, the political make up of our state government changes from pro-business and pro-insurance to pro-citizen -- from Republican to Democrat.
Fortunately, at this time, the law remains the same regarding bringing claims against other health care providers. Accordingly, the citizens of Georgia can pursue legitimate claims against non-emergency medical providers to recover damages for the often catastrophic consequences caused by medical negligence. If you believe you or a loved one might have such a claim, please do not hesitate to call my office to speak to me about it.
