Tag: Students

Georgia Court Discusses Heightened Burden for Plaintiffs in Medical Malpractice Cases Arising in Emergency Settings

Earlier this month, the Georgia Supreme Court released an opinion that discussed the heightened burden plaintiffs face when attempting to prove medical negligence that arises in an emergency setting. In the case, Nguyen v. Southwestern Emergency Physicians, the court determined that Georgia’s “ER Statute,” OCGA § 51-1-29.5, did apply to the specific situation and thus required the plaintiffs to show by clear and convincing evidence that the defendant doctors acted with “gross negligence” rather than ordinary negligence.

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