Monday, March 15, 2010

Georgia: State Supreme Court Uphold ER Gross Negligence Statute

In a 4-3 decision, the Georgia Supreme Court has issued an ruling on a challenge brought by a woman who went to an ER complaining of serious eye pain She said a doctor sent her away with a prescription and failed to diagnose her real, disabling illness.

Georgia passed a statute in 2005 that stated a a plaintiff must establish by "clear and convincing evidence" that an ER doctor committed "gross negligence" to prevail in a lawsuit.

Find the opinion here.