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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.
In an action involving a health 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, the court shall instruct the jury to
consider, together with all other relevant matters:
(1) Whether the person providing care did or did not have the patient’s medical
history or was able or unable to obtain a full medical history, including the
knowledge of preexisting medical conditions, allergies, and medications;
(2) The presence or lack of a preexisting physician-patient relationship or
health care provider-patient relationship;
(3) The circumstances constituting the emergency; and
(4) The circumstances surrounding the delivery of the emergency medical care.
HISTORY:
Code 1981, §
51-1-29.5, enacted by Ga. L. 2005, p. 1, § 10/SB 3.
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