07 LC 29
2629
Senate
Bill 286
By:
Senators Harp of the 29th, Brown of the 26th, Shafer of the 48th, Seabaugh of
the 28th, Cowsert of the 46th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 51-1-29.5 of the Official Code of Georgia Annotated, relating
to definitions, limitation on heath care liability claim to gross negligence in
emergency medical care, and factors for the jury to consider, so as to change
certain provisions relating to the limitation on heath care liability claims in
emergency medical care; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 51-1-29.5 of the Official Code of Georgia Annotated, relating to
definitions, limitation on heath care liability claim to gross negligence in
emergency medical care, and factors for the jury to consider, is amended by
revising subsection (c) as follows:
"(c)
In an action involving a health care liability claim 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, no physician or
health care provider shall be held liable unless it is proven by clear and
convincing evidence that the physician or health care
provider´s
actions showed gross negligence
provider
failed to meet the applicable standard of
care."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.