Nathan Deal Judicial Center in Atlanta, GA. Photo: Mike Glatzer Appellate Court, in Reviving Wrongful Death Case, Sends Policy Message to State-Funded Care Facilities
"The type of harm that occurred … is precisely the type of harm that the statute was designed to guard against," the court wrote in a unanimous opinion.
February 28, 2024 at 02:49 PM
4 minute read
What You Need to Know
- The Georgia Court of Appeals reversed a trial court's dismissal in a wrongful death case against a long-term care facility where a patient died after her treatment plan wasn't followed.
- The trial court reasoned there wasn't enough evidence showing that patient's death was proximately caused by the caregivers.
- However, plaintiff-appellant counsel convinced the court that not only was there evidence, but that the statute is designed to protect patients like their client.
The Georgia Court of Appeals reversed a Gwinnett County trial court decision dismissing a case where a patient died at a long-term care facility for lack of proximate cause on Monday. The opinion may also send a policy message to other state-funded caregivers regarding how culpable they can be held for a patient's death.
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