Patients have a lot to fear in Georgia.Georgia Gov. Sonny Perdue George Ervin "Sonny" Perdue III (born December 20, 1946) is the governor of the U.S. state of Georgia. Upon his inauguration in January 2003, he became the first Republican governor of Georgia since Benjamin Conley at the end of Reconstruction in the 1870s. (R) in February signed one of the most restrictive medical malpractice Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. laws in the country. It creates several new hurdles for injured patients seeking justice, with three particularly egregious measures. Previously, Georgia set no limits on noneconomic damages. This law puts a $350,000 limit on the noneconomic damages that claimants can recover in medical malpractice cases--including wrongful death The taking of the life of an individual resulting from the willful or negligent act of another person or persons. If a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action actions--against one or more health care providers. It caps noneconomic damages for a single medical facility at $350,000 and for multiple medical facilities at $700,000. The total amount of noneconomic damages that an injured person can receive is $1.05 million, which applies to all medical malpractice cases, even when there is evidence of gross misconduct. Injured patients who enter the hospital through the emergency room must now prove by clear and convincing evidence clear and convincing evidence n. evidence that proves a matter by the "preponderance of evidence" required in civil cases and beyond the "reasonable doubt" needed to convict in a criminal case. (See: beyond a reasonable doubt) that a doctor committed "gross negligence An indifference to, and a blatant violation of, a legal duty with respect to the rights of others. Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or " in order to recover any damages--economic or noneconomic--against a physician or hospital. The law's vague language provides that as long as a hospital initially "evaluates or treats" the patient in an emergency room, this standard applies. For example, if a pregnant woman goes to the ER with contractions and is admitted to the hospital, and her infant later dies as a result of a physician's negligence in the obstetric ob·stet·ric or ob·stet·ri·cal adj. Of or relating to the profession of obstetrics or the care of women during and after pregnancy. obstetrical, obstetric pertaining to or emanating from obstetrics. unit, the law may bar her from holding the doctor and hospital liable. The law also retroactively reinstates "vanishing venue": If both a resident and a nonresident defendant are found liable, the nonresident's verdict can be dismissed, and the case will be transferred to his or her jurisdiction of residence to be retried re·tried v. Past tense and past participle of retry. . The bill also * requires the plaintiff to pay the defendant's attorney fees and costs if an offer of judgment was 25 percent more favorable than the award. * tightens the rules for expert witness testimony. * eliminates joint and several liability in all tort cases by reducing the amount of damages in proportion to the plaintiff's percentage of fault and by making juries determine the share of the fault to be assigned to multiple defendants. * makes any statement of sympathy or apology inadmissible That which, according to established legal principles, cannot be received into evidence at a trial for consideration by the jury or judge in reaching a determination of the action. . In an effort to placate pla·cate tr.v. pla·cat·ed, pla·cat·ing, pla·cates To allay the anger of, especially by making concessions; appease. See Synonyms at pacify. patient groups, legislators included a provision requiring doctors to notify the state Board of Medical Examiners of all malpractice claims against them, and requiring the board to investigate any doctor who pays three or more malpractice claims. Insurers managed to block a provision that would have required them to reduce physicians' malpractice premiums. MAG Mutual, the state's largest malpractice insurer, "promised" legislators that it would cut rates 10 percent if the new law successfully withstands legal challenges. As this could take years, doctors should not expect an insurance break any time soon. |
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