DOCTORS HOSPITAL OF AUGUSTA, LLC et al. v. ALICEA., 299 Ga. 315

Summary

HOLDINGS: [1]-In a case where the designated health care agent sued a hospital and a doctor for intubating her grandmother and putting her on a mechanical ventilator, contrary to her advance directive for health care and the specific directions of the agent, the trial court properly rejected the doctor's immunity argument under O.C.G.A. § 31-32-10(a)(2) and (3) of the Georgia Advance Directive for Health Care Act and properly denied summary judgment on that ground because there was a clear factual dispute about whether the doctor relied at all on any directive from the health care agent in acting to order the intubation; and there was apparently undisputed evidence that the doctor did not tell the agent that he was unwilling to comply with her decision, or promptly inform her of his decision.