In a 4-3 ruling, the Georgia Supreme Court upheld a state law making it more difficult for patients to win malpractice lawsuits in cases where emergency medical assistance was required. The law, passed in 2005, requires plaintiffs to establish that emergency healthcare providers knowingly mistreated patients.
The Associated Press reports (via BusinessWeek):
The court’s majority opinion, penned by Justice George Carley, found that it was ‘entirely logical’ for lawmakers to approve the legislation in hopes of stemming the rising cost of medical malpractice insurance.”
A dissent written by Justice Robert Benham criticized the new legislation for leaving patients with a ‘lower standard of care and a higher burden of proof.’”
In a separate ruling, the Georgia court let stand a legal provision that can require plaintiffs to pay defendants’ legal fees if they lose their case or win only partially, which critics say could deter medical malpractice victims from filing suit.
The Texas Supreme Court also recently upheld a strict provision of state laws governing medical malpractice. Under the provision, plaintiffs must file suit within 10 years of the alleged malpractice, even if the error is not discovered until later.
Read the story in the Fort Worth Star Telegram.
Related: Analysis: Medical Malpractice Payments Down Again in 2009
