The state appellate courts hadn’t provided much guidance on how to apply the 2005 statute that’s supposed to make it harder for plaintiffs to win cases against emergency room personneluntil last month.
Among the usual flurry of opinions issued at the end of the state Court of Appeals’ term were two decisions addressing the new law, which says that no health care provider can be held liable for emergency care provided in a hospital ER unless the provider is shown to have committed gross negligence. In 2010, the controversial change survived a constitutional challenge at the state Supreme Court by a vote of 4-3.
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