Ryan and Cindy Dailey sued medical providers after paint thinner was injected into Ryan Dailey’s finger and delayed transfer to a hand surgeon led to partial amputation. The emergency-room providers moved for summary judgment, arguing that Georgia’s emergency-care statute applied and required clear and convincing proof of gross negligence. The trial court granted summary judgment. The Georgia Court of Appeals reversed. It held that the record presented factual questions about whether the providers’ delay in arranging transfer constituted the provision of emergency medical care covered by OCGA § 51-1-29.5(c). Although the providers recognized that immediate hand surgery was necessary, the evidence showed unexplained gaps in contacting available hospitals, including a nearby facility that said it could have accepted Dailey. The Court emphasized that merely remaining in an emergency department did not automatically invoke the statutory protection when the alleged failure to provide emergency care was itself the source of the injury. The majority did not decide liability or whether gross negligence could be proved. Judge Ray concurred specially in judgment only, reasoning that the injury remained an emergency until surgery but that the evidence still created a question about gross negligence. The judgment was reversed.