Georgia

  • Read more: Medical Malpractice in an Emergency Room. What Constitutes an “Emergency” Treatment?

    Medical Malpractice in an Emergency Room. What Constitutes an “Emergency” Treatment?

    By Alex Stein Georgia’s Supreme Court has recently delivered an important decision interpreting the “emergency room” doctrine: Nguyen v. Southwestern Emergency Physicians, P.C., — S.E.2d —-, 2015 WL 6631964 (Ga. 2015).  Anyone interested in medical malpractice law should know about that decision.

  • Read more: Malpractice at the Front Desk

    Malpractice at the Front Desk

    By Alex Stein Georgia’s Court of Appeals recently categorized a clinic’s front-desk person’s failure to communicate a patient’s complaints to the doctors as ordinary negligence rather than medical malpractice. Wong v. Chappell, 773 S.E.2d 496 (Ga.App. 2015). This categorization has four important implications: First, it allows an aggrieved patient to file her suit and proceed to trial…

  • Read more: The “Emergency Room” Doctrine (a.k.a. Doctors’ Virtual Immunity Against Suit)

    The “Emergency Room” Doctrine (a.k.a. Doctors’ Virtual Immunity Against Suit)

    By Alex Stein Under Georgia statute (that exists in other states as well), allegations of medical malpractice “arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department” must show “gross…

  • Read more: Georgia’s Medical-Malpractice Reform Bill

    Georgia’s Medical-Malpractice Reform Bill

    By Alex Stein Georgia’s Senate is considering a far-reaching medical malpractice reform: see here. If implemented, this reform would substitute the conventional malpractice regime by a no-fault compensation scheme for patients sustaining medical injuries. This scheme will be modeled on the extant workers’ compensation regime. An injured patient will submit her claim to a special administrative…