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  • Hill vs. Board of Regents of the University System of Georgia et al.

    Publication Date: 2019-08-15
    Practice Area: Civil Procedure | Employment Compliance | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: John Brown, (Attorney at Law), Augusta, for appellant.
    for defendant: Annarita McGovern, (Owen, Gleaton, Egan, Jones & Sweeney, LLP), Atlanta, Richard Mitchell, Aaron Danzig, Richard Mitchell, Samuel Lyddan, (Arnall Golden Gregory LLP), Atlanta, Robert Threlkeld, Anthony Cestaro, (Morris Manning & Martin, LLP), Atlanta, for appellee. Sara Vann, (Office of the Attorney General, Medicaid Fraud Control Unit), Atlanta, Jeanette LeRay, (Hall Booth Smith, P.C.), Atlanta, for other party.
    Case Number: A19A0336

    Original Complaint Allegations Not Binding Following Amended Complaint That Did Not Incorporate Earlier Allegations

  • UHS of Anchor, L.P. d/b/a Southern Crescent Behavioral Health System v. Georgia Department of Community Health et al.

    Publication Date: 2019-08-12
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, Anthony Cestaro, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Marial Ellis, Roxana Tatman, Daniel Walsh, Rachel King(Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Ray and Gregory, LLC), Atlanta, Christopher Anulewicz, Austin Alexander, (Balch & Bingham LLP), Atlanta, for appellee.
    Case Number: A19A0425

    Department of Community Health should have conducted a Certificate of Need review with respect to health care facility's expanded operations

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

    Publication Date: 2019-05-13
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, David Conley, Robert Ingram, (Moore, Ingram, Johnson & Steele), Marietta, for appellant.
    for defendant: Isaac Byrd, Christopher Carr, (Attorney General), Atlanta, Roxana Tatman, Rachel King, Frank Berry, (Department of Community Health), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Ray and Gregory, LLC), Atlanta, Monica Sullivan, Department Of Law), Atlanta, Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, For Appellee.
    Case Number: A18A2009

    Court denies hospital's challenge to a certificate of need determination for a new health facility.

  • Huddle et al. v. Heindel

    Publication Date: 2018-12-06
    Practice Area: Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Jennifer Ivey, (Linley, Jones PC), Atlanta, Lloyd Hoffspiegel, Alexander Hoffspiegel, (Hoffspiegel & Associates), Atlanta, for appellant.
    for defendant: John Hall, Beth Kanik, (Hall, Booth, Smith, & Slover, P.C.), Atlanta, for appellee.
    Case Number: A18A1154

    Court Affirms in Part and Reverses in Part Dismissal on Motion for Summary Judgment of Suit Against Therapist by Former Patient Who Had Sexual Relationship with Therapist

  • Northeast Georgia Medical Center, Inc. et al. v. Healthsouth Rehabilitation Hospital Of Forsyth County, LLC

    Publication Date: 2018-11-27
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta, Armando Basarrate, Elizabeth Kitchens, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, Robert Rozier, (Baker & Hostetler LLP), Atlanta, Michael McConnell, Laura Gura, (Jones Day), for appellant.
    for defendant: Robert Threlkeld, (Morris Manning & Martin, LLP), Atlanta, for appellee. Christopher Carr, (Attorney General), Atlanta, Rachel King, (Georgia Department of Community Health), Atlanta, Monica Sullivan, (Department of Law), Atlanta, for Other Party.
    Case Number: A18A1029

    Court Affirms Dismissal of Appeal by Georgia Department of Community Health after the Department Failed to File Transcripts as Part of Appellate Record

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    Lancaster County & Berks County Court Rules 2023

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  • Crittenden et al. v. White

    Publication Date: 2018-07-11
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Carr (Attorney General), Atlanta; Annette Cowart (Georgia Department of Law), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta; Michelle LeGrande (Assistant Attorney General), Atlanta, for appellant.
    for defendant: Adrianne Freeman (Georgia Legal Services Program), Athens, for appellee.
    Case Number: A18A0457

    Legal Permanent Resident Who Entered U.S. in 1996 And Remained Physically Present Not Subject to Waiting Period for Medicaid Eligibilty

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

    Publication Date: 2018-07-09
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden (Parker Hudson Rainer & Dobbs LLP), Atlanta; David Conley, Robert Ingram (Moore Ingram Johnson & Steele LLP), Marietta, for appellant.
    for defendant: Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Roxana Tatman (Department of Community Health), Atlanta; Daniel Walsh (Department of Law, State of Georgia), Atlanta; Rachel King (Georgia Department of Community Health), Atlanta; Monica Sullivan (Department of Law), Atlanta; Seslee Mattson, Robert Threlkeld, Anthony Cestaro (Morris Manning & Martin LLP), Atlanta; Commissioner Frank Berry, Atlanta; Office of the General Counsel Department of Community Health, Atlanta, for appellee.
    Case Number: A18A0211

    The superior court did not err in affirming the Georgia Department of Community Health's grant of a certificate of need to Piedmont Hospital for the establishment of a radiation therapy service in Cobb County.

  • Holmes et al. v. Lyons et al.

    Publication Date: 2018-06-29
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Bird, Paul Hotchkiss (Bird Law Group PC), Atlanta; Irwin Ellerin (Ellerin Law Firm), Atlanta, for appellant.
    for defendant: Francesca Townsend, Daniel Huff, Trevor Newberry (Huff Power & Bailey LLC), Atlanta; Ashley Purcell, Kristen Rajagopal, Annalese Herndon (Hall Booth Smith PC), Atlanta, for appellee. Paul Reynolds, Atlanta; M. Reynolds (Houck Reynolds LLC), Atlanta, for amicus curiae.
    Case Number: A18A0277

    Medical Malpractice Plaintiff Stated Claim That Surgeon's Failure to Disclose His Numerous Physical Infirmities Caused Preventable Injuries

  • Tanner Medical Center, Inc. d/b/a Tanner Medical Center - Villa Rica et al. v. Vest Newnan, LLC d/b/a Newnan Behavioral Hospital et al.

    Publication Date: 2018-04-17
    Practice Area: Attorney Rates and Arrangements | Civil Procedure | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kathlynn Polvino (KBP Law PC.), Atlanta; Robert Rozier (Baker & Hostetler LLP), Atlanta; Lawrence Myers, Lawrence Myers (Attorney at Law), Atlanta, for appellant.
    for defendant: John Hood (Wellstar Health System Inc.), Marietta; Jason Bring, Marc Peterzell (Arnall, Golden, Gregory), Atlanta, for appellee. Georgia Department of Community Health (Office of General Counsel), Atlanta; Christopher Carr (Attorney General), Atlanta, Daniel Walsh (Department of Law, State of Georgia), Atlanta, for other party.
    Case Number: A17A2125

    The trial court erred in denying appellants' motion for attorney fees in a certificate-of-need case, as they were the "prevailing parties" and entitled to fees under O.C.G.A. § 31-6-44.1 (c).

  • MacDowell v. Gallant et al.

    Publication Date: 2018-04-10
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Curtis Thurston (Attorney at Law), Atlanta, for appellant.
    for defendant: Alexandra Higgins (Attorney at Law), Peachtree Corners, for appellee.
    Case Number: A17A1864

    Time For Filing Dental Malpractice Action Remained Tolled After Patient Consulted Second Dentist Who Had Provided Services to Patient Jointly With Defendant