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  • Ferguson et al. v. Bowers et al.

    Publication Date: 2024-04-29
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Laura Speed, Michelle King, (Speed & King, LLC), Atlanta, Michael Terry, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: John Hall, Beth Kanik, (Hall, Booth, Smith, & Slover, P.C.), Atlanta, for appellee.
    Case Number: A23A1715

    Court affirms summary judgment in favor of physicians in a medical malpractice action stemming from the discharge of a patient with mental disorders who drowned after being released

  • Holt et al. v. Glenwood Operating Company, LLC

    Publication Date: 2024-04-25
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Brian Parker, (The Parker Firm, LLC.), Alpharetta, Irwin Ellerin, (Ellerin Law Firm), Atlanta, Stephen McElwee, (Wells & McElwee), Athens, for appellant.
    for defendant: Craig Brookes, Brian Mathis, (Huff Powell Bailey, LLC), Atlanta, Karen Smiley, (Hanks Brookes LLC), Atlanta, for appellee.
    Case Number: A23A1435

    Court affirms summary judgment in favor of a nursing facility on appellants' claims for ordinary negligence and professional negligence

  • Wakefield et al. v. Kiser

    Publication Date: 2024-04-23
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Todd Poole, (Poole Huffman), Tucker, for appellant.
    for defendant: Joshua Mayes, Richard Robbins, Catherine Sullivan, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee; Garrett Nail, (Portnoy Garner & Nail LLC), Atlanta, for other party.
    Case Number: A23A1705

    Court affirms summary judgment for rescission of contract, but reverses attorney fee award at summary judgment and remands for jury's consideration of fees

  • North Atlanta Vascular Clinic, P.C. v. Thomas Matthews et al.

    Publication Date: 2024-04-22
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Frank Lowrey, Jeffrey Chen, (Bondurant Mixson & Elmore LLP), Atlanta, Edwin Page, Atlanta, for appellant.
    for defendant: Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Stephen Bauer, Jarvarus Gresham, Jacqueline Menk, (BakerHostetler LLP), Atlanta, Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Kurt Lentz, (Sutherland Asbill & Brennan LLP), Atlanta, for appellee; Roy Banerjee, Damon Scott, (Kimar Prabhu Patel and Banerjee LLC), Atlanta, for other party.
    Case Number: A23A1627

    Court affirms summary judgment order against a clinic that sought to enforce a non-compete clause against a doctor who had worked at the clinic

  • Nayani v. Bhatia et al.

    Publication Date: 2024-04-18
    Practice Area: Cybersecurity | Privacy
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Yasha Heidari, (Heidari Power Law Group LLC), Atlanta, Chenyu Li, Atlanta, for appellant.
    for defendant: Richard Zelonka, Jenna Fowler, Kelli Steele, (Wood Smith Henning & Berman, LLP), Atlanta, for appellee.
    Case Number: A23A1716

    Court reverses summary judgment for defendants in a plaintiff's lawsuit for invasion of privacy and violations of computer systems protections in a case involving unauthorized access of medical records

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Ferguson et al. v. Kennestone Hospital, Inc.

    Publication Date: 2024-04-09
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Maxine Ferguson, Marietta, for appellant.
    for defendant: William Gordon, (Downey & Cleveland, LLP), Atlanta, for appellee.
    Case Number: A23A1589

    Court affirms dismissal of medical malpractice claims due to plaintiff's failure to include a professional affidavit with the complaint, but reverses judgment on a battery claim related to consent

  • Statham v. Quang et al.

    Publication Date: 2024-04-05
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Michael Horner, (Middle Georgia Access to Justice Council, Inc.), Atlanta, W. Reynolds, Bradley Survant, (Reynolds, Horne & Survant), Macon, for appellant.
    for defendant: Julye Johns, (Huff Powell & Bailey, L.L.C.), Atlanta, David Nelson, Norman Pearson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellee.
    Case Number: A23A1419

    Court affirms order that surgeons are not vicariously liable for medical student's errors during surgery, but notes that surgeons may bear direct liability for negligent supervision

  • McGhee v. Publix Super Markets, Inc.

    Publication Date: 2024-04-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Alexander Repasky, (Attorney At Law), Marietta, for appellant.
    for defendant: Robert Marcovitch, (Sinton Scott Minock & Kerew), Atlanta, Stephen Sparwath, (Bendin, Sumrall & Ladner, LLC), Atlanta, for appellee; Akins Doherty, (The Doherty Law Firm), Atlanta, for other party.
    Case Number: A23A1291

    Court affirms dismissal or professional malpractice claim against dispensing pharmacy for failure to include an expert affidavit, but reverses dismissal against supervising physician

  • Amos et al. v. Creative Consulting Services, Inc. et al.

    Publication Date: 2024-03-26
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Hughes, (Hall Hirsh Hughes, LLC), Decatur, for appellant.
    for defendant: Douglas Esq, Anelise Codrington, (Chartwell Law), Atlanta, for appellee.
    Case Number: A23A1609

    Court reverses summary judgment that had favored a care coordination agency in a wrongful death lawsuit, noting genuine issues of material fact as to the agency's oversight of a care facility

  • Vantage Cancer Centers of Georgia, LLC et al. v. Georgia Department of Community Health et al.

    Publication Date: 2024-03-20
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Chief Justice Boggs
    Attorneys: For plaintiff: Keith Robert Blackwell, William Joseph Repko, III, (Alston & Bird LLP), Atlanta, Charles L. Gregory, John Warner Ray, (Ray & Gregory, LLC), Atlanta, for appellant.
    for defendant: Margaret Kemmerly Eckrote, Daniel Stephen Walsh, Christopher M. Carr, Charles K. Thimmesch, Jeffrey William Stump, Andrew Bain McClintock, (Department of Law), Atlanta, Robert Michael Rozier, Dorothy Hubbard Cornwell, (Baker & Hostetler LLP), Atlanta, Robert Sparks Highsmith, Jr., Allen Andre Hendrick, Talis Colgan Trevino, Laurie Wells Trompeter, (Holland & Knight LLP), Nashville, for appellee; Armando Luis Basarrate, II, David Boone Darden, Jameson B. Bilsborrow, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, for other party.
    Case Number: S23G0405

    Court clarifies standard of review that Community Health Commissions must apply in evaluating hearing officer's factual findings in an application for a health care Certificate of Need