Georgia State University Law Review. Volume 21 Issue 1 Fall Article 3. Recommended Citation

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1 Georgia State University Law Review Volume 21 Issue 1 Fall 2004 Article HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Liability Insurance Authority Act: Provide for Legislative Findings with Respect to a Crisis in the Field of Hospital and Medical Liability Insurance; Address This Crisis Through Provision of Insurance and Certain Civil Justice Reforms; Create the Georgia Hospital and Medical Liability Insurance Authority; Provide for the Members of the Authority and Their Selection, Service, and Terms of Office; Provide for the Filling of Vacancies; Provide for the Powers, Duties, Operations, and Financial Affairs of the Authority; Provide for the General Purpose of the Authority; Recommended Citation Boohaker, David; Gallant, Jon; Knowles, Ramsey; and Teal, A. Robin (2004) "HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Liability Insurance Authority Act: Provide for Legislative Findings with Respect to a Crisis in the Field of Hospital and Medical Liability Insurance; Address This Crisis Through Provision of Insurance and Certain Civil Justice Reforms; Create the Georgia Hospital and Medical Liability Insurance Authority; Provide for the Members of the Authority and Their Selection, Service, and Terms of Office; Provide for the Filling of Vacancies; Provide for the Powers, Duties, Operations, and Financial Affairs of the Authority; Provide for the General Purpose of the Authority; Prescribe Standards Relating to Vicarious Liability of Medical Facilities for Actions of Health Care Providers; Provide for Limited Liability for Certain Medical Facilities and Health Care Providers for Treatment of Certain Emergency Conditions Under Certain Conditions; Provide for Qualifications of Experts; Change Provisions Relating to the Allocation of Liability and Recovery of Damages in Tort Actions; Provide for the Degree of Care Expected of Medical Professionals in an Emergency Room Setting; Provide for the Consideration by the Jury or Other Trier of Fact of Certain Factors Affecting This Care in Determining Whether Defendants Met This Degree or Standard of Care; Require the Approval by the Commissioner of Insurance of All medical Malpractice Rates, Rating Plans, Rating Systems, and underwriting Rules Prior to These Rates, Rating Plans, Rating Systems, and Underwriting Rules Becoming Effective; Change Certain Provisions Relating to Actions

the Georgia Hospital and Medical Liability Insurance Authority; Provide for the Members of the Authority and Their Selection, Service, and Terms of Office; Provide for the Filling of Vacancies;

2 Prescribe Standards Relating to Vicarious Liability of Medical Facilities for Actions of Health Care Providers; Provide for Limited Liability for Certain Medical Facilities and Health Care Providers for Treatment of Certain Emergency Conditions Under Certain Conditions; Provide for Qualifications of Experts; Change Provisions Relating to the Allocation of Liability and Recovery of Damages in Tort Actions; Provide for the Degree of Care Expected of Medical Professionals in an Emergency Room Setting; Provide for the Consideration by the Jury or Other Trier of Fact of Certain Factors Affecting This Care in Determining Whether Defendants Met This Degree or Standard of Care; Require the Approval by the Commissioner of Insurance of All medical Malpractice Rates, Rating Plans, Rating Systems, and underwriting Rules Prior to These Rates, Rating Plans, Rating Systems, and Underwriting Rules Becoming Effective; Change Certain Provisions Relating to Actions Against Certain Codefendants Residing in Different Counties; Change Provisions Relating to the Required Filing of Affidavits in Professional malpractice Actions;

Tort Actions; Provide for the Degree of Care Expected of Medical Professionals in an Emergency Room Setting; Provide for the Consideration by the Jury or Other Trier of Fact of Certain Factors

3 Provide for other Related Matters; Repeal Conflicting Laws; and for Other Purposes David Boohaker Jon Gallant Ramsey Knowles A. Robin Teal Follow this and additional works at: Part of the Law Commons

4 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

5 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

6 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

7 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

8 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

9 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

10 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

11 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

12 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

13 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

14 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

15 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

16 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

17 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

18 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

19 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

20 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

21 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

22 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

23 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

24 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

25 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

26 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

27 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

28 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

29 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

30 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

31 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

32 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

33 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

34 Boohaker et al.: HEALTH, TORTS, AND CIVIL PRACTICE Georgia Hospital and Medical Li Published by Reading Room, 2004 HeinOnline Ga. St. U. L. Rev

35 Georgia State University Law Review, Vol. 21 [2004], Iss. 1, Art Ga. St. U. L. Rev

Southern General Insurance Co. v. Holt: Defining "Duty" in the Duty-to-Settle Doctrine as Applied to Third-Party Insurance Claims in Georgia

Georgia State University Law Review Volume 8 Issue 3 June 1992 Article 4 1991 Southern General Insurance Co. v. Holt: Defining "Duty" in the Duty-to-Settle Doctrine as Applied to Third-Party Insurance