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  • 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

  • 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

  • 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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  • 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

  • Premier Pediatric Providers, LLC v. Kenne-Saw Pediatrics, P.C.

    Publication Date: 2024-03-19
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: Keith Robert Blackwell, Mark David Boyer, II, (Alston & Bird LLP), Atlanta, Bennie Davis Butler, Jr., (Butler Mersereau LLP), Alpharetta, for appellant.
    for defendant: Harold David Melton, Michael Gregory Foo, (Troutman Pepper Hamilton Sanders LLP), Atlanta, David Gregory Michell, James Marx Sherman, (Stanley, Esrey & Buckley, LLP), Atlanta, for appellee.
    Case Number: S23G0263

    Court vacates dismissal of an appeal that was granted on procedural grounds over delayed filing of a trial transcript and clarifies appellate review standards in transcript delay appeal dismissals

  • Green v. The State

    Publication Date: 2024-03-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S23A0840

    Court affirms conviction entered on a defendant's voluntary guilty plea and overrules its previous strict application that required a trial court to include application of Boykin rights on the record

  • In re Bessie Mae Blake.

    Publication Date: 2024-03-15
    Practice Area: Elder Law | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Lester Johnson, (Attorney at Law), Savannah, for appellant.
    for defendant: Nancy DeVetter, (DeVetter Law Firm), Tybee Island, Mara Block, (DeVetter Law Firm), Savannah, for appellee.
    Case Number: A23A1397

    Court vacates order on conservator's breach of fiduciary duties and remands for determination of appointment of personal representative and potential guardian-ad-litem for decedent's estate

  • Kennestone Hospital, Inc. d/b/a Wellstar Windy Hill Hospital v. Emory University d/b/a Emory University Hospital Smyrna, et al.

    Publication Date: 2024-02-29
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: David Boone Darden, Armando Luis Basarrate, II, Grace Park Blood, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, Robert D. Ingram, David Patrick Conley, (Moore, Ingram, Johnson & Steele, LLP), Marietta, for appellant.
    for defendant: Robert Charles Threlkeld, Elliott Leigh Coward, (Morris Manning & Martin, LLP), Atlanta, Stacey Ann Hillock, (Georgia Department of Community Health), Atlanta, Margaret Kemmerly Eckrote, Jeffrey William Stump, Christopher M. Carr, Charles K. Thimmesch, Cathelynn Tio, Stephen John Petrany, James Edward Barrett, (Department of Law), Atlanta, for appellee.
    Case Number: S22G1282

    Court clarifies that a hospital certificate of need ("CON") is a private property right, vacates appellate court opinion to the contrary, and remands for further analysis