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NGUYEN v. SOUTHWESTERN EMERGENCY PHYSICIANS

No. S15G0621.

779 S.E.2d 334 (2015)

298 Ga. 75

NGUYEN et al. v. SOUTHWESTERN EMERGENCY PHYSICIANS, P.C. et al.

Supreme Court of Georgia.

November 2, 2015.

Attorney(s) appearing for the Case

Paul Graham Phillips, Flynn Peeler Phillips, LLC, Ralph O. Scoccimaro, Brown & Scoccimaro, P.C., Albany, for appellant.

Carl Richard Langley, Walton Spence, LLC, Albany, Jeffrey Daniel Braintwain, Erica S. Jansen, Huff, Powell & Bailey, LLC, Atlanta, for appellee.

Sidney Leighton Moore, III, Summerville Moore, PC, Darren Wade Penn, Harris Penn Lowry, LLP, Atlanta, for amicus appellant.

Henry D. Green, Jr., Daniel J. Moriarty, Green & Sapp, LLP, Atlanta, for amicus appellee.

This case involves the application, on motion for summary judgment, of Georgia's so-called "ER statute," OCGA § 51-1-29.5, which requires that plaintiffs who bring malpractice claims based on "emergency medical care" provided in a hospital emergency department must meet a higher standard and burden of proof to prevail. In...

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