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Medical malpractice cases require additional attention because they are a result of the negligence of a healthcare provider that affects a person’s health state. In such cases, it is necessary to adhere to specific legislation, which determines the time frame and particular proves plaintiffs should provide. This paper aims to summarize the court case of medical malpractice and provide insight into Georgia’s laws that affect the decision.
In the case in question, the plaintiffs brought their daughter to the emergency room (ER) of the hospital because she fell off her bed and experienced head trauma. The medical personnel failed to diagnose subdural hematoma and skull fracture; thus releasing the patient from the ER (Nguyen et al. v. Southwestern Emergency Physicians, p.c. et al., 2015). The following days, the plaintiff’s daughter was diagnosed with brain damage.
The court decided that OCGA § 51-1-29.5 could not be applied to this case, however, upon further review, the Court of Appeals reversed this decision. Thus, the plaintiffs appeal to have the court granted partial summary judgment. The outcome of the case was affected by the need to prove that the injury that the plaintiff’s daughter experienced and the work that the ER department performed could be reviewed under OCGA § 51-1-29.5. In my opinion, the verdict is fair because the plaintiffs provided all the required documents proving that the ER did not perform their duties, which led to severe injuries.
The primary law that guides malpractice by physicians and pharmacist cases in Georgia is the statute of limitations, which provides an explicit explanation of the timeframe in which individuals can file lawsuits. Additionally, the Georgia Code requires all cases to have a report from a medical professional who will testify in court. OCGA § 51-1-29.5 is legislation that regulates medical malpractice cases and contains a section dedicated to emergency care. Overall, the event in question provides an understanding of specific components that should be considered when working on a medical malpractice case.
Nguyen et al. v. Southwestern Emergency Physicians, p.c. et al., 779 S.E.2d 334 (298 Ga. 75 2015).