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  • Healthcare Staffing, Inc. v. Edwards, et al.

    Publication Date: 2021-07-28
    Practice Area: Contracts | Employment Litigation | Health Care Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Charles McDaniel, (Carlock, Copeland & Stair, LLP), Atlanta, for appellant.
    for defendant: Steven Scheer, Craig Call, (Scheer & Montgomery, P.C.), Savannah, Derek White, (The White Group), Pooler, for appellee.
    Case Number: A21A0345

    Borrowed Servant Doctrine Does Not Shield Healthcare Staffing Agency From Vicarious Liability for the Actions of Its Employees

  • The Medical Center, Inc. v. Bowden

    Publication Date: 2021-06-29
    Practice Area: Class Actions | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Paul Ivey, Robert Martin, (Hall Booth Smith, P.C.), Columbus, Lindsey Mann, William Withrow, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Lauren Dimitri, (Attorney at Law), Columbus, for appellant.
    for defendant: Charles Gower, Charles Gower, (Attorney at Law), Columbus, Michael Terry, Michael Baumrind, Frank Lowrey, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee. Jason Bring, (Arnall, Golden, Gregory), Atlanta, for Amicus Appellant.
    Case Number: A18A1249

    Court reverses class certification and rules that a hospital was entitled to summary judgment on patient's fraud and misrepresentation claims

  • Wentz et al. v. Emory Healthcare, Inc. et al.

    Publication Date: 2021-06-14
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Douglas Daum, (Attorney at Law), Snellville, for appellant.
    for defendant: Brian Trulock, Alan Payne, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellee.
    Case Number: A21A0630

    Patient Failed to Prove Simple Battery Founded on Claim of Withdrawal of Consent to Removal of Catheter

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

    Publication Date: 2021-04-26
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, (Morris Manning & Martin, LLP), Atlanta, Anthony Cestaro, Decatur, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Marial Ellis, Roxana Tatman, Rachel King, (Dept. of Community Health), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Pearce, LLC), Atlanta, Christopher Anulewicz, Austin Alexander, (Balch & Bingham LLP), Atlanta, for appellee.
    Case Number: A19A0425

    Court vacates its original opinion and adopts Supreme Court opinion addressing the Department of Health's authority to require a Certificate of Need for a hospital expansion

  • Thomas et al. v. Alligood et al.

    Publication Date: 2021-04-05
    Practice Area: Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Laura Shamp, Joshua Silk, (Shamp Speed Jordan Woodward), Atlanta, for appellant.
    for defendant: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, Sandra Foster, Wiley Wasden, Travis Windsor, (Brennan, Wasden, and Painter, LLC), Savannah, Charles Wainright, (Watson Spence LLP), Albany, for appellee.
    Case Number: A20A1950

    Plaintiff Not Harmed By Trial Court's Failure To Give Requested Pattern Instruction On Hospital's Duty of Care

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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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.