For Over 30 Years

Aggressive Personal Injury
Legal Representation

blog home Legal Updates Supreme Court Ruling on ER Liability Case Matches Attorney Wayne Grant’s 2012 Prediction

Supreme Court Ruling on ER Liability Case Matches Attorney Wayne Grant’s 2012 Prediction

By Grant Law Office on December 9, 2013

Atlanta Medical MalpracticeIn 2005, the Georgia General Assembly enacted a statute that distinguished emergency medical care liability cases from those involving other types of medical treatment. The statute that applies to emergency treatment lowers the standard of care for the care provider while increasing the burden of proof on a patient seeking to recover for negligent medical injury.

Claimants in cases involving emergency treatment must prove gross negligence in order to establish liability, a difficult feat. In addition, the burden of proof is also increased, requiring an emergency care claimant to prove his or her case by what is called “clear and convincing evidence.” In essence, the legislature has made it more difficult, much more difficult, to hold emergency care providers responsible for carelessly-caused injury or death.

Healthcare providers pushed the statute, saying that the costs of liability insurance purportedly lessened the quality and availability of healthcare services. The legislature complied, perhaps believing that the statute’s enactment would be beneficial to Georgia citizens. However, the statute may have backfired since medical care providers now have less incentive to adhere to standards of accepted medical care.

In November 2013, Attorney Wayne Grant addressed the viability of emergency care malpractice claims at the 29th Annual Medical Malpractice Institute Seminar. Through a thorough analysis of related cases, he reached the conclusion that despite the new statute, lawsuits against emergency care providers will not be summarily dismissed as long as competent medical opinion can establish gross negligence on the part of the provider. He went further to say that juries, and not judges, would determine the outcome of such cases relying on evidence such as expert testimony.

A Supreme Court ruling on a pending ER case confirmed the predictions made by Wayne Grant at the seminar. Wayne Grant stated, “Cases involving professional negligence, such as medical malpractice, always require expert opinions. Since juries have to rely on expert opinions to decide whether a case is meritorious or not, it is not logical that a trial court would be permitted to dismiss a case that is supported by competent medical opinion. The jury, people like you and me … they weigh the evidence, they listen to the experts, they decide who is credible and who is not. Credibility is not to be determined by a judge, but by our citizens.”

In order to provide consistent quality representation to their clients, Attorney Wayne Grant and his colleagues at The Law Offices of Wayne Grant, P.C. work hard to stay ahead of new developments in liability law. If you have any questions regarding your own Georgia medical malpractice claim, call our office toll-free at (866) 249-5513.

Related Articles:

Posted in: Legal Updates

Contact us today for a free and comprehensive case evaluation.

We require no legal retainer or upfront fees,
and you pay nothing unless we prevail.

Toll-free number: (866) 249-5513
Phone: (404) 995-3955

Our Results

$12,500,000
Wrongful Death Day Care Case

View More

Firm News

Susan G. Komen 3-Day for the Cure

Kim Grant participated in the Susan G. Komen 3-Day for the Cure, walking over 60 miles over three days and raising ...

Habitat for Humanity

Kim and Wayne Grant have worked on two Habitat for Humanity Houses and look forward to working on more ...

Grady Hospital Volunteer Work

Kim Grant has donated volunteer hours in Atlanta, including rocking babies in the neonatal intensive care unit at Grady ...

Read more news

Our Blog

Oct
13

What Is Brain Herniation, and When Is It Medical Malpractice?

Water is necessary for life, but “water on the brain” can be a death sentence for a human.…

Oct
1

Are We Taking a Step Forward in Treating the Mind?

In September 2019, Johns Hopkins Medicine sent out a press release announcing the launch of its Center for…

Aug
31

The Ever-Present Risk of Abdominal Injuries

A cast member of the Real Housewives of Atlanta had a “terrifying” car accident in Los Angeles back…

Read more news

Grant Law Office Disclaimer: The legal information offered herein by Grant Law Office, is not formal legal advice, nor is it the formation of an attorney client relationship. In order for our firm to be considered your attorney there must be a signed agreement between the client and the firm. Any results set forth herein are based solely upon the circumstances of that particular case and offer no promise or guarantee on the outcome of any other case. Please contact a lawyer for a consultation.

© 2019 Grant Law Office - All rights reserved.

Photos by Carroll Morgan - Buckhead On-Site Photography | Website Design and Legal Internet Marketing by: SLS Consulting Scholarship
*Wayne Grant has been practicing law since 1979. Grant Law Office was founded in 2000.