See Emory Clinic, supra, 258 Ga. at 435-436(3), 369 S.E.2d 913. See Kirby v. Spivey.8  The Court went on to outline the criteria for the withdrawal of life support in that case, holding that. 840, 843(1), 655 S.E.2d 823 (2007). the right to refuse treatment or indeed to terminate treatment may be exercised by the parents or legal guardian of the infant after diagnosis that the infant is terminally ill with no hope of recovery and that the infant exists in a chronic vegetative state with no reasonable possibility of attaining cognitive function. In noting this important distinction, the trial court stated, “the parents, guardian ad litem, treating physicians and the hospital are not in agreement that discontinuing the ventilator is in [the child's] best interests. Given such evidence, plaintiffs cannot show that they took any action that would leave no room for doubt that they withdrew consent to the removal of Ella's life support. Brief Fact Summary. 15. Schrader, supra, 239 Ga.App. A07A2224. Accordingly, the trial court did not abuse its discretion in ruling that Scottish Rite is required to produce the nonparty patient medical records in compliance with the court's specific orders establishing the scope of this production. Negligence of Coffee Medical … Brief Fact Summary. The classic intentional tort in medical practice is forcing unwanted medical care on a patient. Furthermore, we do not agree with Scottish Rite's contention that discovery of the requested medical records is barred by HIPAA. There are several different types of torts such as intentional torts which include: false imprisonment, assault, battery or intentional infliction. In Case No. Accordingly, Georgia case law does not establish a requirement for the number of physicians involved in such decisions. Id. If neither party intended to hit the other, the case would be one of simple negligence. The Dairy State’s high court ruled in Mayo v.Wisconsin Injured Patients and Families Compensation Fund that the state’s $750,000 cap on noneconomic damages was constitutional. So construed, the evidence shows that 34-month-old Ella was admitted to Scottish Rite hospital on March 15, 1998, for laryngotracheal reconstructive surgery to correct a narrowed airway condition below her vocal cords known as a subglottic stenosis. After a hearing, the trial court granted both Scottish Rite's and Dr. Jose's motions on this issue and denied plaintiffs' motion. Over the 1-year period, the two most frequent kinds disposed were from automobile accidents (60%) and premises liability cases alleging harm from … Compensatory damages are those that directly repay the victim for their costs, including medical expenses, lost wages, and more. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). Scottish Rite staff immediately called a “Code Blue” to alert physicians that a patient was in cardiac or respiratory arrest. Personal medical records are protected by Georgia's constitutional right of privacy and cannot be disclosed without the consent of the patient unless their production is otherwise required by Georgia law. A tort is a civil breach committed against another in which the injured party can sue for damages. One case involving an unintentional tort is entitled Weiner v.Lenox Hill Hospital.In this case, the family of a man who died from AIDS sued the hospital. The classic intentional tort in medical practice is forcing unwanted medical care on a patient. See Morton, supra, 288 Ga.App. 30. Morton v. Wellstar Health System, 288 Ga.App. 3. Prince v. Esposito, 278 Ga.App. They alleged that, as Dr. Jose's employer, Neonatology Associates, P.C., is responsible for his actions in this case. Cases. Tort law refers to the set of laws that provides remedies to individuals who have suffered harm by the unreasonable acts of another. Auth.5 See Velez v. Bethune.6  In cases involving the withdrawal of a child's life support, even otherwise legitimate treatment decisions may constitute an intentional tort if parental consent is lacking. Following state guidelines for involuntary admissions does not immunize a healthcare facility or its workers from claims, however. Had they been, it is unlikely that this case would have necessitated judicial intervention.”  (Emphasis supplied.) We affirm the trial court's grant of defendants', and denial of plaintiffs', motions for summary judgment on the intentional tort claims in Case No. Google Chrome, A tort is a non-criminal (civil) wrong that involves an injury – physical, mental, or monetary – that is caused either through purposeful or negligent conduct. See id. 21. At most, plaintiffs' claims address the propriety of the decision to remove Ella's life support;  however, while such claims may form the basis for a malpractice action, they do not constitute an intentional tort. Cobb County Kennestone Hosp. Distinguishing negligence from intentional tort when a health care provider deviates from a patient's consent. McDonald's coffee case: An American court case that became a cause célèbre for advocates of tort reform. Ligouri v. Wyandotte Hosp. False imprisonment can be a criminal offense; in the medical context it will most often arise in a civil suit as an intentional tort. 2. Intentional torts claims in medical cases Civil liability legislation enacted in each Australian jurisdiction following the Ipp Report recommendations created a clear divide between "negligence" and "intentional" torts. Indeed, plaintiffs concede that no Georgia case law concerning these types of decisions mandates the number of physicians that must be involved or their level of interest. See In re Jane Doe, 262 Ga. 389, 418 S.E.2d 3 (1992);  In re L.H.R., 253 Ga. 439, 321 S.E.2d 716 (1984). Stop Smoking Clinic-Atlanta v. Dean.34. 802, 805(1), 581 S.E.2d 345 (2003). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (a) Diagnosis of a terminal condition is not required prior to withdrawal of life support. Hickey v. Kostas Chiropractic Clinics, 259 Ga.App. Nearly all medical malpractice cases are based on a theory of negligence. 1. Its greater (deterrent) influence may be in cases involving damage to property and tortious harm resulting from intentional activities. The key issue in Case No. at 302-303(1), 653 S.E.2d 756. For example, consider you have been injured in an auto accident. We need not reach the issue of whether the two-physician requirement set forth in In re L.H. top 4. On April 1, 1998, Dr. Jose and a pediatric neurologist met with plaintiffs to inform them that physical exams, EEGs, and CT scan tests indicated that Ella had suffered a severe and irreversible brain injury and that the chances were very poor that she would ever regain cognitive functions. Harris v. Griffin.37  “The relationship is considered consensual where the patient knowingly seeks the assistance of the physician and the physician knowingly accepts him as a patient.”  (Punctuation omitted.) Discussion. 840, 844(4), 632 S.E.2d 736 (2006). See In re Jane Doe, supra, 262 Ga. at 393(2), 418 S.E.2d 3(b);  McAfee, supra, 259 Ga. at 581(1), 385 S.E.2d 651;  In re L.H.R., supra, 253 Ga. at 446, 321 S.E.2d 716. Here, as a result of the throat spasms and choking incident she had suffered, Ella had been substantially deprived of oxygen for 20 minutes and had lapsed into a coma. A tort is the harmful act that results in an injury and it can be either intentional or unintentional. at 219-220, 612 S.E.2d 7. In doing so, the Court noted that In re L.H.R. In Case No. Contrary to plaintiffs' claims, the medications being administered to Ella were provided to control her seizures and alleviate plaintiffs' concerns that she might feel pain and not because the physicians believed she was able to actually feel pain. That question should be pretermitted because, as the majority notes, the uncontroverted evidence shows that the decision to discontinue life support for Ella involved the consultation of two other nontreating physicians. As previously stated, questions as to whether the decision to remove Ella's life support was negligently made were not addressed in the parties' motions for summary judgment and therefore are not the subject of this appeal. Ella's mother, who is Ussery's former wife, was later added to the complaint as a plaintiff. Assault occurs when one intentionally creates the reasonable apprehension of imminent harmful or offensive contact in another. 249, 250(2), 390 S.E.2d 89 (1990). 20. 36. The most common intentional tort is battery. Battery requires a harmful or offensive touching, without consent, with the intent to cause the resulting harm or offense. The court denied summary judgment on this ground, which Scottish Rite appeals in Case No. The consent form further indicated that Dr. Jose and two other independent physicians, one of whom worked for Dr. Jose's employer Neonatal Associates, agreed that based on Ella's condition, “the withdrawal of life sustaining treatment is the best medical course of treatment for the patient.”. were construed as a requirement, Dr. Jose fully complied by obtaining the participation of two nontreating physicians in the decision. Center v. Queen, 280 Ga.App. 29. King v. Dodge County Hosp. In Case No. Yes.  Although VanHoey “touched Mullins in a harmful and offensive manner without permissionâ€, Mullins could not show that VanHoey “acted intending to cause†harm.  VanHoey had no reason to suspect that Mullins had not consented to the touching.  As a student, she properly relied on her previous experience and the doctor’s authority in believing that she had permission to perform the intubation.  In addition, she was under no obligation to obtain consent herself or to inquire into the consent under which the anesthesiologist was acting.  Accordingly, the court found that there was no genuine issue of material fact as to VanHoey’s intent to cause a harmful contact, and that VanHoey was entitled to summary judgment on Mullins’ battery claim. Because some evidence showed that the doctor in his notes and in his conversations with Ella's mother indicated that he would continue to act as the child's physician, we affirm the denial of Dr. Jose's motion for summary judgment on this question. “The standard of review of the trial court's ruling on discovery disputes is abuse of discretion.”  Hickey v. Kostas Chiropractic Clinics.22  Bearing this standard of review in mind, the peer review privilege afforded to certain proceedings and documents is codified in OCGA § 31-7-133(a), which provides in part: Except in proceedings alleging violation of this article, the proceedings and records of a review organization shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action;  and no person who was in attendance at a meeting of such organization shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings or activities of such organization or as to any findings, recommendations, evaluations, opinions, or other actions of such organization or any members thereof. Harris v. Griffin, 272 Ga.App. Firefox, or In In re Gianelli, the marked difference between the facts at issue in that matter and those at issue here renders the decision inapposite. See also State of Ga. v. McAfee10 (holding that a quadriplegic, who depended upon a ventilator to breathe but was not terminal or without cognitive abilities, had the right to discontinue life support). Scottish Rite also contends that the trial court erred in ruling that the hospital's nonparty patients' medical records were subject to discovery, arguing that the records are protected from discovery by the constitutional right to privacy under Georgia law and by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).32  We disagree. There are many times when a person is injured because of negligence of a doctor, nurse or other healthcare provider. The Court therefore limited its holding to the circumstances before it. McCaskill v. Carillo, 263 Ga.App. Accordingly, the trial court did not err in denying Dr. Jose's motion for summary judgment on this issue. 33. The trial court denied both motions, which he appeals in Case No. 37. 44, 45, 616 S.E.2d 835 (2005). The question in Case No. Based on this consensus, both plaintiffs expressed their desire to withdraw Ella's life support and signed a form provided by Scottish Rite, in which they specifically consented to withdraw life sustaining procedures or interventions, including the withdrawal of hydration and nutrition. 3. Additionally, the record contains no evidence that either Ussery or Ella's mother at any time ever revoked their consent. While plaintiffs now claim that the consent form was somewhat unclear, the evidence in the record indicates that both plaintiffs were well aware of the fact that they were agreeing to the removal of all life support, including nutrition and hydration. Scottish Rite and Dr. Jose further sought summary judgment on the ground that the withdrawal of Ella's life support did not constitute an intentional tort. Eight years later, in In re Jane Doe,9 the Supreme Court of Georgia reiterated that In re L.H.R. See id. Notably, the forms on their face indicate that their purpose was for “Quality Improvement Review” as well as “Peer Review” and that they were not to be included as part of a patient's medical record. Professor Lindsay Wiley from American University Washington College of Law opens up Torts with a brief overview of the three main types of torts. at 680(1), 466 S.E.2d 627. Williams, supra, 194 Ga.App. Some keywords to consider are: "intentional tort" patient injury hospital doctor clinic "medical record" Note: If you are interested in searching a particular jurisdiction, use the Advanced Case Search option. The Dairy State’s high court ruled in Mayo v.Wisconsin Injured Patients and Families Compensation Fund that the state’s $750,000 cap on noneconomic damages was constitutional. Finally, an important intentional tort to keep in mind is tortious interference. This opinion shows that an actor’s intent to touch or make contact, such as his decision to put his arm in motion throwing an object, is not enough to give rise to battery.  The actor must have specifically intended to cause the harm or offense which results from the touching. The most familiar health care tort is termed “professional negligence.” In fact there is only one tort, negligence. On March 24, 2000, Ussery filed the initial complaint,4 which was amended first on June 4, 2001, and again on October 24, 2001, and defendants responded. at 45, 616 S.E.2d 835. Because of her unchanged prognosis, Ella's intravenous hydration and nutrition were withdrawn the next day. of Warner Robins.31  Accordingly, the trial court abused its discretion in ruling that the notification forms and occurrence reports were not shielded from discovery by the peer review privilege. We recommend using Auth., 274 Ga.App. We hold that under these circumstances it did not, particularly considering the relevant case law and the evidence as to the actions taken by Scottish Rite and Dr. Jose (at the time of decision) in obtaining additional medical concurring opinions that Ella's brain damage was irreversible and that the chances were poor that she would ever regain cognitive functions (with which conclusions plaintiffs' own later-hired expert concurred). A07A2222, we affirm the trial court's grant of summary judgment to Scottish Rite, Dr. Jose, and Dr. Jose's employer as to plaintiffs' intentional tort claim, because we find that the trial court did not err in holding that the actions taken by the hospital and Dr. Jose under these circumstances did not constitute an intentional tort under Georgia law. Prince v. Esposito.17  Furthermore, the patient bears the burden of proving that consent was withdrawn. Intentional torts occur when a person intentionally acts in a certain way that leads to another person's injury. Dr. Jose sought summary judgment on the ground that he did not owe Ella a duty of care at the time she was initially injured and, in a separate motion, on the ground that plaintiffs' intentional tort claim was barred by the statute of limitation. William Ussery and his former wife, on behalf of the estate of their deceased minor daughter Ella Ussery (“Ella”) and as Ella's parents (collectively “plaintiffs”), filed suit in the State Court of Fulton County, on March 24, 2000, against Children's Healthcare of Atlanta, Inc. (f/k/a Scottish Rite Children's Medical Center) (“Scottish Rite”), Dr. James Jose, and his employer, Neonatalogy Associates, P.C., and several of the physicians who had treated Ella, alleging professional and nonprofessional negligence, that the defendants had failed to meet the applicable standard of care in varying particulars, and that the defendants were guilty of medical malpractice which caused Ella's injury and death. They are still human, and humans are fallible regained consciousness care act ( OCGA § et. Determining whether consent has been effectively withdrawn times when a person is injured of! Criteria for the patient bears the burden of proving that consent was withdrawn the most common being: 1 the! Added to the plaintiff apprehension of imminent harmful or offensive touching, consent! Classic intentional tort in medical practice is forcing unwanted medical care on a patient during treatment that in. 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