HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Liability Insurance Authority Act: Provide for Legislative Findings with Respect to a Crisis in the Field of Hospital and Medical Liability Insurance; Address This Crisis Through Provision of Insurance and Certain Civil Justice Reforms; Create the Georgia Hospital and Medical Liability Insurance Authority; Provide for the Members of the Authority and Their Selection, Service, and Terms of Office; Provide for the Filling of Vacancies; Provide for the Powers, Duties, Operations, and Financial Affairs of the Authority; Provide for the General Purpose of the Authority; Prescribe Standards Relating to Vicarious Liability of Medical Facilities for Actions of Health Care Providers; Provide for Limited Liability for Certain Medical Facilities and Health Care Providers for Treatment of Certain Emergency Conditions Under Certain Conditions; Provide for Qualifications of Experts; Change Provisions Relating to the Allocation of Liability and Recovery of Damages in Tort Actions; Provide for the Degree of Care Expected of Medical Professionals in an Emergency Room Setting; Provide for the Consideration by the Jury or Other Trier of Fact of Certain Factors Affecting This Care in Determining Whether Defendants Met This Degree or Standard of Care; Require the Approval by the Commissioner of Insurance of All medical Malpractice Rates, Rating Plans, Rating Systems, and underwriting Rules Prior to These Rates, Rating Plans, Rating Systems, and Underwriting Rules Becoming Effective; Change Certain Provisions Relating to Actions Against Certain Codefendants Residing in Different Counties; Change Provisions Relating to the Required Filing of Affidavits in Professional malpractice Actions; Provide for other Related Matters; Repeal Conflicting Laws; and for Other Purposes

Authors

David BoohakerFollow
Jon GallantFollow
Ramsey KnowlesFollow
A. Robin Teal

Document Type

Peach Sheet

Abstract

The bill would have created an authority with power to provide rural hospitals with the ability to self-ensure. The bill would have allowed emergency facilities to limit liability associated with doctors who are independent contractors. The bill would have also restricted recovery from each defendant based on apportionment of liability rather than the usual joint and several liability schemes. The bill failed after a standoff on an amendment to cap non-economic damages.

Recommended Citation

David Boohaker, Jon Gallant, Ramsey Knowles & A. R. Teal, HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Liability Insurance Authority Act: Provide for Legislative Findings with Respect to a Crisis in the Field of Hospital and Medical Liability Insurance; Address This Crisis Through Provision of Insurance and Certain Civil Justice Reforms; Create the Georgia Hospital and Medical Liability Insurance Authority; Provide for the Members of the Authority and Their Selection, Service, and Terms of Office; Provide for the Filling of Vacancies; Provide for the Powers, Duties, Operations, and Financial Affairs of the Authority; Provide for the General Purpose of the Authority; Prescribe Standards Relating to Vicarious Liability of Medical Facilities for Actions of Health Care Providers; Provide for Limited Liability for Certain Medical Facilities and Health Care Providers for Treatment of Certain Emergency Conditions Under Certain Conditions; Provide for Qualifications of Experts; Change Provisions Relating to the Allocation of Liability and Recovery of Damages in Tort Actions; Provide for the Degree of Care Expected of Medical Professionals in an Emergency Room Setting; Provide for the Consideration by the Jury or Other Trier of Fact of Certain Factors Affecting This Care in Determining Whether Defendants Met This Degree or Standard of Care; Require the Approval by the Commissioner of Insurance of All medical Malpractice Rates, Rating Plans, Rating Systems, and underwriting Rules Prior to These Rates, Rating Plans, Rating Systems, and Underwriting Rules Becoming Effective; Change Certain Provisions Relating to Actions Against Certain Codefendants Residing in Different Counties; Change Provisions Relating to the Required Filing of Affidavits in Professional malpractice Actions; Provide for other Related Matters; Repeal Conflicting Laws; and for Other Purposes, 21 Ga. St. U. L. Rev. (2004).
Available at: https://readingroom.law.gsu.edu/gsulr/vol21/iss1/3