This appeal arises from a suit filed by Marilyn Summerlin, individually and as administratrix of George Summerlin’s estate, asserting a wrongful death claim against Georgia Pines Community Service Board following the death of her adult son, George Summerlin. The record shows that Georgia Pines is a state entity created pursuant to OCGA § 37-2-1 et seq. to provide an array of supports and services to individuals and families affected by mental illness, substance abuse or mental retardation.1 Such personal care homes are regulated by Department of Human Resources Public Health Rules promulgated by the Office of Regulatory Services. George Summerlin was a resident at a Georgia Pines personal care home at the time of his death on August 27, 2001. He was placed in the home as a transitional placement following his discharge from Southwestern State Hospital.2 George Summerlin was physically in good health, but had been diagnosed with mental retardation and shizoaffective disorder. On the morning of July 27, 2001, staff found George Summerlin dead in his room, in a contorted position with his upper torso hanging off the bed. The medical examiner from the Georgia Bureau of Investigation believed George Summerlin may have had a seizure that caused him to end up in a contorted position that led to asphyxia. However, the medical examiner noted that this conclusion was pure speculation and gave some alternative theories. The medical examiner asserted that regardless of the cause, George Summerlin’s death from compressional asphyxia would have occurred within five to fifteen minutes after he ended up in the contorted position in which he was found.
The Department of Human Resources performed a death review and concluded that there were “no apparent factors of neglect or misconduct in the death of George Summerlin.” However, the report noted three factors that must be considered as significant: 1 George Summerlin’s refusal to comply with recommended medical care, 2 George Summerlin’s elevated valproic acid levels, and 3 Georgia Pines’ lack of clear “bed check” procedures at the time of the death. Subsequently, the reviewer changed her conclusion, noting that “even though Georgia Pines Community Service Board did not have specific policy describing the procedure for conducting ‘bed checks’, Carlos Hernandez was negligent in the fact that he did not ‘check’ the consumers.”
