Georgia Association
of Physicians
of Indian Heritage

FROM DAVID COOK/ MEDICAL ASSOCIATION OF GEORGIA
Date: 03/16/10

Dear Physician Leaders:

Today the Georgia Supreme Court upheld one piece of the tort reform bill passed in 2005. The provision relates to the standard of proof needed to prevail in a negligence action against a physician who performs services in an emergency department. The tort reform law requires a plaintiff to prove gross negligence (instead of regular negligence) by clear and convincing evidence (instead of a preponderance of the evidence.)

By a 4-3 vote, the court found the emergency room provisions did not violate the Georgia Constitution. Writing for the Court, Justice Carley found the emergency room provisions are a general law in operation throughout the state and thus not a special law in violation of the Constitution. The Court further found that the equal protection claims asserted by the plaintiffs were not valid because the Tort Reform Act does not deprive them of any constitutional right. The Court also cited the legislative history for the Tort Reform Act, finding that the Legislature could logically find that increasing the standard of proof in emergency rooms will help accomplish the goals of the Act. The Court also rejected the due process/vagueness claims raised by the plaintiffs.

Justice Bentham wrote in dissent that he would have found the emergency room provisions to be a special law in violation of the Constitution. He further found that the law made an unreasonable and arbitrary classification.

MAG applauds the decision upholding a provision that makes Georgia a more attractive place to practice medicine and increase access to care. We expect a Supreme Court ruling on the caps case soon.

David A. Cook
Executive Director/CEO
Medical Association of Georgia
Suite 200
1849 The Exchange
Atlanta, Ga. 30339
678-303-9251