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  • Thurman v. TCFPA Family Medical Centers, P. C. et al.

    Publication Date: 2021-03-16
    Practice Area: Health Care Law | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Brian Wright, (The Cowan Law Firm, LLC), Dalton, for appellant.
    for defendant: Cara Weiner, Cynthia Hall, (Spears, Moore, Rebman & Williams PC), Chattanooga, for appellee.
    Case Number: A20A1831

    Medical Patient Who Fell From Examination Table Offered No Evidence to Support Ordinary Negligence Claim Against Clinic

  • Nuckles v. The State

    Publication Date: 2021-01-12
    Practice Area: Criminal Law | Health Care Law | Privacy
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Gerard Bradley Kleinrock, (Office of the Public Defender), Decatur, for appellant.
    for defendant: Jason Matthew Rea, Sherry Boston, Deborah D. Wellborn, Jeanne Marie Canavan, Maria Olabosipo Banjo, (Dekalb County District Attorney's Office), Decatur, Robert Wright Smith, Jr., (Prosecuting Attorneys' Council of Georgia), Morrow, Shannon Glover Wallace, (Cherokee County District Attorney's Office), Canton, William D. Johnson, (Prosecuting Attorneys' Council of Georgia), Morrow, for Appellee. Jason Edward Bring, Glenn P. Hendrix, (Arnall Golden Gregory LLP), Atlanta, for Amicus Appellant. Jarome Gautreaux, (Gautreaux Law, LLC), Macon, Caleb Frank Walker, (Katherine L. McArthur, LLC), Macon, Lyle Griffin Warshauer, (Warshauer Law Group, P.C.), Atlanta, for Amicus Appellee.
    Case Number: S20G0492

    Video Recording From Hidden Camera in Care Facility Was Admissible Under Security Exception to Consent Requirement

  • Cobb Hospital, Inc. et al. v. Emory Adventist, Inc. et al.

    Publication Date: 2020-12-14
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta, David Conley, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellant.
    for defendant: J. Maines, Matthew Friedlander, Grant Schnell, (Holland & Knight LLP), Atlanta, Ryan Burke, Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta, for appellee.
    Case Number: A20A1000

    Challenge to a hospital acquisition failed because the entity being acquired was not operating and, therefore, the Hospital Acquisition Act did not apply.

  • Trejo-Valdez v. Associated Agents et al.

    Publication Date: 2020-12-03
    Practice Area: Employment Litigation | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A20A1499

    Res Judicata Did Not Bar Workers' Compensation Claimant's Reneweed Treatment Request Following Designation of New Treating Physician

  • Cobb Hospital, Inc. d/b/a Wellstar Cobb Hospital et al. v. Georgia Department of Community Health et al.

    Publication Date: 2020-12-03
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Armando Basarrate, David Conley, David Darden, (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta, David Conley, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Roxana Tatman, Daniel Walsh, Monica Sullivan, Cathelynn Tio, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Ray and Gregory, LLC), Atlanta, Frank Berry, (Commissioner, Dept. of Community Health), Atlanta, Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellee.
    Case Number: A18A2009

    On remand from the Supreme Court over due process, the Court again denies a hospital's challenge to a certificate of need determination for a new health facility.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Joiner-Carosi v. Adekoya

    Publication Date: 2020-12-02
    Practice Area: Evidence | Health Care Law | Personal Injury
    Industry: Health Care | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: James Hankins, Samantha Mullis, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, for appellant.
    for defendant: Jason Schneider, Campbell Williamson, (Schneider Hammers LLC), Atlanta, for appellee.
    Case Number: A20A1418

    Evidence of Attorney Referrals to Medical Providers Was Not Relevant to Issues in Personal Injury Action

  • Ob-Gyn Associates, P. A. et al v. Brown et al.

    Publication Date: 2020-12-02
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Heather McGrotty, Paul Weathington, David Hanson, (Weathington Smith), Atlanta, for appellant.
    for defendant: Joseph King, (Joseph H. King, Jr. P.C.), Atlanta, Kenneth Leivne, (Kenneth M. Levine & Associates, LLC), Brookline, for appellee. Sarah Adle, (Harris Lowry Manton LLP), Brookhaven, Lyle Warshauer, (Warshauer Law Group, P.C.), Atlanta, Allison Thornton, (Georgia Trial Lawyers Association), Atlanta, for other party. Donald Palmisano, (Medical Association of Georgia), Atlanta, for AM.
    Case Number: A20A1447

    Gross Negligence Standard of Care Applied to Medical Emergency That Arose During Childbirth in Hospital Obstetrical Unit

  • Tift Regional Medical Center Foundation, Inc. v. Geico General Insurance Company et al.

    Publication Date: 2020-11-23
    Practice Area: Health Care Law | Insurance Law | Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Travis Hargrove, Abigail Miller, (The Finley Firm), Columbus, for appellant.
    for defendant: Jason Hammer, Elizabeth Lowrey, Erica Parsons, Samuel Sabulis, (Lueder Larkin & Hunter, LLC), Atlanta, for appellee. Chip Morris, (Morris Law Firm), Tifton, for other party.
    Case Number: A20A1266

    Promissory Estoppel Did Not Preclude Hospital From Enforcing Lien After Insurers Paid Entire Settlement Amounts to Patient

  • CKCG Healthcare Services, Inc. et al. v. Georgia Department of Community Health

    Publication Date: 2020-11-09
    Practice Area: Administrative Law | Civil Appeals | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Tanya Graham, (The Law Office of Tanya Mitchell Graham, P.C.), Atlanta, for appellant.
    for defendant: Calandra Harps, Christopher Carr, (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A20A1319

    Parties Appealing Superior Court Review of State Administrative Agency Ruling Failed to Apply For Discretionary Appeal

  • Premier Health Care Investments, LLC v. UHS of Anchor, L.P.

    Publication Date: 2020-11-04
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Christopher Scott Anulewicz, Austin Alexander, (Balch & Bingham, LLP), Atlanta, for appellant.
    for defendant: Robert Charles Threlkeld, Ryan Chorkey Burke, (Morris, Manning & Martin, LLP), Atlanta, for appellee. Marial Lanier Ellis, Stacey Ann Hillock, Roxana Dehnad Tatman, Rachel L King, (Georgia Department of Community Health), Atlanta, Daniel Stephen Walsh, Christopher M. Carr, Andrew Alan Pinson, Margaret Kemmerly Eckrote, Cathelynn Tio, (Department of Law), Atlanta, for Amicus Appellant. Armando Luis Basarrate, David Boone Darden, (Parker, Hudson, Ranier & Dobbs), Atlanta, Robert D. Ingram, David Patrick Conley, (Moore, Ingram, Johnson & Steele, LLP), Marietta, Frank B. Strickland, (Taylor English Duma LLP), Atlanta, for Amicus Appellee. James Cullen Evans, Robert Sparks Highsmith, Jr., (Holland & Knight LLP), Atlanta, Jessica L. Thompson, (New Civil Liberties Alliance), Washington, for Neutral Amicus.
    Case Number: S19G1491

    Hospital Did Not Have to Obtain Additional Certificate of Need When it Reconfigured Inpatient Beds Within Its Total Licensed Capacity