Under Observation: <i>Wilson v. Inthachak</i> Shows that Georgia’s Emergency Care Statute Still Lacks a Uniform Interpretation

This year, pro- and anti-tort reform forces met on the battleground of O.C.G.A. § 51-1-29.5(c), a statute that gives doctors increased protection from malpractice claims when they provide “emergency medical care in a hospital emergency department . . . .” When healthcare providers or hospitals are sued for negligence under these circumstances, the plaintiff must have clear and convincing evidence that the provider was grossly negligent, a greater hurdle than an ordinary medical malpractice plaintiff would need to overcome. While the statute is crystal clear in its purpose, Georgia courts have not reached a consensus regarding its application. Wilson v. Inthachak is the Georgia Court of Appeals’s latest attempt to apply the nineteen-year-old law; specifically, the court addressed whether the statute protects a physician who is not physically located in a hospital emergency department when he provides care. This Casenote reviews Inthachak, the statute, and a selection of predecessor cases that show the development of Georgia law on this topic.