A recent state appeals court opinion has been revised to remove earlier suggestions that emergency room personnel defending medical malpractice suits bear the burden to prove that the defense-friendly standard of “gross negligence” applies to their cases.
The updated opinion, issued Dec. 14, is the latest development in the state appellate courts’ attempts to interpret a 2005 statute that says 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. The controversial law survived a constitutional challenge at the state Supreme Court by a vote of 4-3 in 2010.
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