Nguyen v. Southwestern Emergency Physicians, P.C.

NAHMIAS, Justice.

This case involves the application, on motion for summary judgment, of Georgia’s so-called “ER statute,” OCGA § 51-1-29.5, which requires that plaintiffs who bring malpractice claims based on “emergency medical care” provided in a hospital emergency department must meet a higher standard and burden of proof to prevail. In this case, the plaintiffs took their infant daughter, who had fallen off a bed, to the emergency room with what the child’s mother described as a huge discolored bump on her head — a lump the size of an “apple” or “another head.” The plaintiffs’ lawsuit is…