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04 LC 29 1061
House Bill
1339
By: Representatives Westmoreland of the 86th, Butler of the 88th, Post 1, Burmeister of the 96th, Rice of the 64th, Manning of the 32nd, and others
By: Representatives Westmoreland of the 86th, Butler of the 88th, Post 1, Burmeister of the 96th, Rice of the 64th, Manning of the 32nd, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Chapter 1 of Title 51 of the Official Code of
Georgia Annotated, relating to general provisions for torts, so as to provide
for limited liability for certain health care providers for treatment of certain
emergency conditions under certain circumstances; to change certain provisions
relating to damages; to provide for legislative findings; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 1 of Title 51 of the Official Code of Georgia
Annotated, relating to general provisions for torts, is amended by adding a new
Code section immediately following Code Section 51-1-29.3, to be designated Code
Section 51-1-29.4 to read as
follows:
"51-1-29.4.
(a) As used in this Code section, the term:
(1) 'Emergency medical condition' means:
A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:
(A) Placing the health of the individual in serious jeopardy;
(B) Serious impairment to bodily functions; or
(C) Serious dysfunction of any bodily organ or part.
(2) 'Health care provider' means any person licensed under Chapters 9, 11, 26, 30, 33, 34, 35, or 39 of Title 43 who provides care or assistance to an individual who has an emergency medical condition within the scope of such health care provider´s licensure, either voluntarily or at the request of a hospital, including but not limited to any health care provider who is 'on call' to a hospital.
(3) 'Hospital' means a facility which has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31 and which operates an emergency room that provides care or assistance to individuals who have an emergency medical condition. Such term shall also include any employee of such hospital who provides care or assistance to such individuals within the scope of his or her employment, whether or not such person is a health care provider.
(4) 'Noneconomic damages' means damages for physical and emotional pain, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature.
(b) The General Assembly makes the following findings. Georgia hospitals operating emergency rooms are required by both state and federal law to provide examination and treatment to individuals who are in an emergency medical condition, without regard to the financial or insurance status of such individuals. Hospitals and other health care providers have complied with these laws to their financial detriment and under the well-founded apprehension of increased liability. Due in large part to fear of such liability, hospitals are experiencing extreme difficulty attracting a sufficient number of physicians and other health care professionals to maintain an effective team of professionals, including on-call physicians, to provide needed care and assistance to citizens of this state who are in an emergency medical condition. As a result, many hospitals are being forced to close their emergency rooms or forgo other needed improvements in order to financially support such emergency services and their attendant liability. The shortage of these emergency providers poses a serious threat to the health, welfare, and safety of the citizens of Georgia. Nevertheless, it is also recognized that emergency patients who have been injured by negligence must be afforded appropriate access to legal remedies for their injuries. The Georgia General Assembly therefore concludes that certain steps must be taken to preserve Georgia citizens´ access to emergency care, on the one hand, while on the other hand provide appropriate remedies for emergency patients who are negligently injured.
(c) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct, no hospital or health care provider that renders care or assistance in or at the request of a hospital or a health care provider to an individual who comes to the hospital with an emergency medical condition, whether such care or assistance is rendered gratuitously or for a fee, shall be held liable for nonecomonic damages to or for the benefit of any claimant arising out of any act or omission in rendering such care or assistance.
(d) The limitation on liability provided in subsection (c) of this Code section shall not apply to any act or omission in rendering care or assistance:
(1) Unrelated to the original emergency medical condition; or
(2) Which occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required during the same hospitalization as a result of the original emergency medical condition, in which case the limitation on liability provided by subsection (c) of this Code section shall apply to any act or omission in rendering care or assistance which occurs before the stabilization of the patient following such surgery.
(e) If a hospital or health care provider furnishes follow-up care to a patient to whom such hospital or health care provider rendered care or assistance described in subsection (c) of this Code section, and a medical condition arises during the course of the follow-up care that is directly related to the original emergency medical condition for which care or assistance was rendered, and the patient files an action based on the medical condition that arises during the course of the follow-up care, there shall be a rebuttable presumption that the medical condition was the result of the original emergency medical condition and that the limitation on liability provided by subsection (c) of this Code section applies with respect to the medical condition that arises during the course of the follow-up care."
"51-1-29.4.
(a) As used in this Code section, the term:
(1) 'Emergency medical condition' means:
A medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in:
(A) Placing the health of the individual in serious jeopardy;
(B) Serious impairment to bodily functions; or
(C) Serious dysfunction of any bodily organ or part.
(2) 'Health care provider' means any person licensed under Chapters 9, 11, 26, 30, 33, 34, 35, or 39 of Title 43 who provides care or assistance to an individual who has an emergency medical condition within the scope of such health care provider´s licensure, either voluntarily or at the request of a hospital, including but not limited to any health care provider who is 'on call' to a hospital.
(3) 'Hospital' means a facility which has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 of Title 31 and which operates an emergency room that provides care or assistance to individuals who have an emergency medical condition. Such term shall also include any employee of such hospital who provides care or assistance to such individuals within the scope of his or her employment, whether or not such person is a health care provider.
(4) 'Noneconomic damages' means damages for physical and emotional pain, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature.
(b) The General Assembly makes the following findings. Georgia hospitals operating emergency rooms are required by both state and federal law to provide examination and treatment to individuals who are in an emergency medical condition, without regard to the financial or insurance status of such individuals. Hospitals and other health care providers have complied with these laws to their financial detriment and under the well-founded apprehension of increased liability. Due in large part to fear of such liability, hospitals are experiencing extreme difficulty attracting a sufficient number of physicians and other health care professionals to maintain an effective team of professionals, including on-call physicians, to provide needed care and assistance to citizens of this state who are in an emergency medical condition. As a result, many hospitals are being forced to close their emergency rooms or forgo other needed improvements in order to financially support such emergency services and their attendant liability. The shortage of these emergency providers poses a serious threat to the health, welfare, and safety of the citizens of Georgia. Nevertheless, it is also recognized that emergency patients who have been injured by negligence must be afforded appropriate access to legal remedies for their injuries. The Georgia General Assembly therefore concludes that certain steps must be taken to preserve Georgia citizens´ access to emergency care, on the one hand, while on the other hand provide appropriate remedies for emergency patients who are negligently injured.
(c) Without waiving or affecting and cumulative of any existing immunity from any source, unless it is established that injuries or death were caused by gross negligence or willful or wanton misconduct, no hospital or health care provider that renders care or assistance in or at the request of a hospital or a health care provider to an individual who comes to the hospital with an emergency medical condition, whether such care or assistance is rendered gratuitously or for a fee, shall be held liable for nonecomonic damages to or for the benefit of any claimant arising out of any act or omission in rendering such care or assistance.
(d) The limitation on liability provided in subsection (c) of this Code section shall not apply to any act or omission in rendering care or assistance:
(1) Unrelated to the original emergency medical condition; or
(2) Which occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient, unless surgery is required during the same hospitalization as a result of the original emergency medical condition, in which case the limitation on liability provided by subsection (c) of this Code section shall apply to any act or omission in rendering care or assistance which occurs before the stabilization of the patient following such surgery.
(e) If a hospital or health care provider furnishes follow-up care to a patient to whom such hospital or health care provider rendered care or assistance described in subsection (c) of this Code section, and a medical condition arises during the course of the follow-up care that is directly related to the original emergency medical condition for which care or assistance was rendered, and the patient files an action based on the medical condition that arises during the course of the follow-up care, there shall be a rebuttable presumption that the medical condition was the result of the original emergency medical condition and that the limitation on liability provided by subsection (c) of this Code section applies with respect to the medical condition that arises during the course of the follow-up care."
SECTION 2.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval. This Act shall apply
only to causes of action arising on or after the effective date of this Act.
Any cause of action arising prior to that date shall continue to be governed by
the law in effect at the time such cause of action arose.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.