The Georgia Supreme Court on Monday gave further indication that a key provision in the 2005 tort reform package may not do much to keep malpractice cases against emergency room providers away from juries.

The provision at issue says no health care provider can be held liable for “emergency medical care in a hospital emergency department” unless the provider is shown to have committed gross negligence. In other med-mal cases, plaintiffs have to prove mere negligence, and the new rule was supposed to make it harder for plaintiffs to win ER cases.

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