The case was brought to the Supreme Court by a woman, Carol Gliemmo, who visited an ER for eye pain and was discharged. She was later paralyzed after experiencing a brain hemorrhage, which the ER physician failed to diagnose. Her attorneys argued that a law requiring proof of gross negligence, which in Georgia is defined as “failure to exercise even a slight degree of care” is “tantamount to an insurmountable legal threshold,” according to the report.
The Supreme Court Justices who voted to uphold the law said that state lawmakers have a right to make laws that promote affordable malpractice insurance, and additionally, added that emergency room care can be viewed differently than other types of care.
The Georgia Supreme Court is also expected to rule this later month on the constitutionality of the state’s $350,000 cap on awards in medical malpractice cases — a case that is being closely watched by healthcare providers in the state.
Read the Atlanta Journal Constitution’s report on ER malpractice lawsuits.
