The Georgia Court of Appeals has overturned a lower court’s decision that granted summary judgment in a medical malpractice case involving a patient who died at Coffee Regional Medical Center in 2020. The appellate court found that the trial court erred in several key areas, particularly regarding the application of the Georgia Emergency Management Act (GEMA) and the Georgia COVID-19 Pandemic Business Safety Act (PBSA).
The case was brought by Angie Howard, the daughter and wrongful death beneficiary of David Lee Northcutt, an 81-year-old man who died at the hospital after being admitted with a stroke in early 2020. Howard sued the hospital, Coffee County Hospitalist Physicians, LLC, and Dr. Charlotte Coggins, alleging medical negligence.
The Heart of the Matter: The COVID-19 Pandemic and Legal Immunity
At the heart of the legal dispute were arguments about whether the defendants were protected from liability due to the COVID-19 pandemic. The defendants argued that they were immune from the lawsuit under GEMA, Governor Kemp’s COVID-related executive orders, and the PBSA. The trial court agreed with the defendants and granted summary judgment. However, the Court of Appeals disagreed.
GEMA and Its Application
The court examined the application of GEMA, which provides immunity to certain individuals and entities involved in emergency management activities. The court found that GEMA did not protect the hospital or Physicians LLC. The court reasoned that the statute’s language, which refers to “employees, agents, or representatives of the state” and “auxiliary emergency management worker,” did not include hospitals or similar corporate entities. The court cited the plain and ordinary meaning of the word “worker” and determined that it does not encompass a hospital.
However, the Court of Appeals did leave open the possibility that GEMA could apply to Dr. Coggins, who was a contractor providing services to COVID patients. The court found that there were genuine issues of material fact as to whether Dr. Coggins’ actions were part of an “emergency management activity” and whether Northcutt’s death was a result of those activities. The court noted that Northcutt tested negative for COVID and was not moved to the ICU despite an order, and his death was potentially not related to the pandemic. Therefore, the court reversed the trial court’s grant of summary judgment on this issue.
The PBSA and Retroactivity
The court also addressed the PBSA, which provides immunity to healthcare facilities, providers, and individuals in COVID-19 liability claims unless gross negligence, willful misconduct, or other egregious behavior is proven. The Court of Appeals found that the PBSA did not apply to this case because the alleged malpractice occurred in April 2020, while the law was enacted in August 2020. The court emphasized that the PBSA did not explicitly state that it should be applied retroactively, and therefore, the law could not be applied to events that happened before it was enacted.
Procedural Errors and Late Filings
The court also addressed arguments about whether the trial court erred in considering new arguments and evidence presented by the defendants in their reply briefs. The court determined that the hospital’s reference to the federal Public Readiness and Emergency Preparedness Act (PREP Act) in its reply brief was not sufficient to raise the issue as a basis for summary judgment. Therefore, the court did not need to decide if it was proper for the hospital to raise this issue for the first time in its reply brief. The court also did not address whether the trial court should have struck two late-filed affidavits from the hospital.
The Impact of the Ruling
The Court of Appeals’ decision reverses the trial court’s grant of summary judgment, which means the case will now proceed. The court’s ruling clarifies the scope of GEMA and the PBSA, particularly in the context of the COVID-19 pandemic. The decision underscores that immunity from liability is not automatic and that the specific facts of each case must be carefully considered.