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Doctors Hospital of Augusta, LLC et al.v.Alicea

CourtCourt of Appeals of Georgia
Docket No.A15A0107
DecidedJune 17, 2015
Reporter332 Ga. App. 529; 774 S.E.2d 114
JudgesPresiding Judge Barnes authored; Judges Ray and McMillian concurred
Tags
CivilTort LawNegligenceMedical MalpracticeWrongful DeathExpert TestimonySummary JudgmentReversal
Case Summary

Alicea, Stephenson’s designated health-care agent and later estate administrator, said she provided an advance directive and told the care team not to intubate Stephenson without first obtaining her permission. After Stephenson was intubated during surgery on March 5 and again in the ICU on March 7, Alicea sued the hospital and physician Philip Catalano, alleging lack of informed consent and medical battery; the defendants also claimed statutory immunity. The Court of Appeals affirmed denial of summary judgment on immunity because the evidence left a jury question whether the providers made a good-faith effort to follow Alicea’s directions before the March 7 intubation. Catalano had not checked the directive or progress notes or contacted Alicea, and the hospital presented no evidence its nurses tried to follow her instructions. The court also affirmed denial of summary judgment on the March 7 battery claim because a jury could find the team knew Alicea required a call before intubation and had time to make one. It reversed denial of summary judgment on the March 5 informed-consent malpractice claim because Alicea had no evidence that the procedure caused an injury, as the statute requires. It also reversed denial on the March 5 battery claim: Alicea had consented to the surgery, and alleged failures to disclose information did not turn that treatment into battery. The court thus left the immunity defense and March 7 battery claim for trial, while ruling for the defendants on the March 5 claims.

Opinion

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