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Kennestone Hospital, Inc.v.Gregory P. Turner

CourtCourt of Appeals of Georgia
Docket No.A24A1404
DecidedMarch 14, 2025
Reporter324 Ga. App. 750
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawMedical MalpracticeAdministrative LawStatutory InterpretationMotion to DismissReversal
Case Summary

Gregory Turner sued Kennestone Hospital over care provided after he was admitted with COVID-19 symptoms. The hospital argued that Georgia’s COVID-19 Pandemic Business Safety Act and the federal Public Readiness and Emergency Preparedness Act barred the medical-malpractice action. The Court of Appeals of Georgia held that the complaint was subject to dismissal under the applicable immunity provisions and reversed the trial court’s refusal to dismiss. The court explained that the pleaded conduct fell within the statutory protections and that the allegations did not establish an exception that would preserve the claim. A dissent would have affirmed the trial court’s decision denying dismissal.

Opinion

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