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Doctors Hospital of Augusta, LLC v. Alicea

(2016)

Supreme Court of Georgia - 299 Ga. 315, 788 S.E.2d 392

tl;dr:

An 89-year-old woman's designated health care agent sued a hospital and a doctor for violating her advance directive by intubating her against her wishes.

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ICRAIssue, Conclusion, Rule, Analysis for Doctors Hospital of Augusta, LLC v. Alicea

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Facts & HoldingDoctors Hospital of Augusta, LLC v. Alicea case brief facts & holding

Facts:A lawsuit was filed against Doctors Hospital of Augusta and...

Holding:The court's final holding is that the Defendants cannot claim...

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Doctors Hospital of Augusta, LLC v. Alicea | Case Brief DeepDive
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The case involves a dispute over whether Doctors Hospital of Augusta and Dr. Phillip Catalano are immune from liability for violating an advance directive executed by Stephenson, for whom Alicea was the designated health care agent. The Supreme Court of Georgia rejected the Defendants' claim of immunity under OCGA § 31-32-10 (a) (2) and (3) of the Georgia Advance Directive for Health Care Act. The Act requires health care providers to follow any health care decision made by a health care agent in accordance with the terms of an advance directive for health care. The health care agent has priority over any other person, including a guardian, to act for the patient in matters covered by the advance directive, unless the directive says otherwise. The complaint alleged breach of agreement, professional and ordinary negligence, medical battery, intentional infliction of emotional distress, and breach of fiduciary duty.

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