Shekhawatv.Jones
Physicians employed as faculty members at the Medical College of Georgia treated a newborn child who later suffered permanent disabilities after an airway complication. The child’s parents sued for medical malpractice, and the trial court granted the physicians summary judgment under the Georgia Tort Claims Act. The Court of Appeals reversed, but the Georgia Supreme Court reversed the Court of Appeals. The Supreme Court held that official immunity for a state employee depends on whether the employee acted within the scope of state employment. It rejected the lower court’s reliance on a discretionary-function analysis, explaining that the distinction belongs to sovereign immunity claims against the State, not personal official-immunity claims against employees. The physicians were associate professors employed and paid by the Board of Regents, and their job duties included clinical treatment at MCG. Because they treated the child during their regular employment, at their regular workplace, and as part of those duties, they were entitled to official immunity. The ruling did not eliminate the parents’ possible remedy against the State entity under the Tort Claims Act. The Court overruled Keenan v. Plouffe. Justice Thompson concurred specially and would have limited rather than erased Keenan.
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