A slight change in the wording of Georgia’s malpractice reform law could make a big difference to hospitals and patients. The consumer advocacy group Georgia Watch is pushing for an amendment that would make it easier for patients to sue hospitals if they believe they’ve been harmed in the emergency room. Senate Bill 286 was introduced during the 2007 Georgia General Assembly session, but was not brought up for a vote. It’s expected to be reintroduced during the current session, which began Monday. The bill targets a provision in the tort reform law passed in February 2005, commonly called SB 3. That law says ER staff cannot be held liable for damages “unless it is proven by clear and convincing evidence that the physician or health care provider’s actions showed gross negligence.” SB 286 would replace “showed gross negligence” with “failed to meet the applicable standard of care.” That may seem like mere semantics, but would be significant from a legal standpoint. The most common definition of ‘gross negligence’ is ‘reckless disregard for the safety of a patient - very difficult to prove in medical negligence case.
To read the entire Gainesville Times article, please click on the link below:
http://www.gainesvilletimes.com/news/article/2715/
For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.
