O.C.G.A. § 31-7-412 (2019)

Annotations

Law reviews. - For article, ‘‘Baby Doe Cases: Compromise and Moral Dilemma,’’ see 34 Emory L.J. 545 (1985). For article, ‘‘State of Emergency: Why Georgia’s Standard of Care in Emergency Rooms is Harmful to Your Health,’’ see 45 Ga. L. Rev. 275 (2010). For article, ‘‘The Olmstead Decision: The Road to Dignity and Freedom,’’ see 26 Ga. St. U. L. Rev. 651 (2010). For article, ‘‘Olmstead’s Promise and Cohousing’s Potential,’’ see 26 Ga.

St. U. L. Rev. 663 (2010). For article, ‘‘From the Inside Out: Personal Perspectives of Six Georgians on Their Institutional Experiences,’’ see 26 Ga. St. U. L. Rev. 741 (2010). For article, ‘‘The Constitutional Right to Community Services,’’ see 26 Ga. St. U. L. Rev. 763 (2010). For article, ‘‘Reconsidering Makin v. Hawaii: The Right of Medicaid Beneficiaries to Home-Based Services as an Alternative to Institutionalization,’’ see 26 Ga. St. U. L. Rev. 803 (2010). For article, ‘‘The Potential and Risks of Relying on Title II’s Integration Mandate to Close Segregated

Institutions,’’ see 26 Ga. St. U. L. Rev. 855 (2010). For article, ‘‘Beyond Residential Segregation: The Application of Olmstead to Segregated Employment Settings,’’ see 26 Ga. St. U. L. Rev. 875 (2010). For article, ‘‘From Almshouses to Nursing Homes and Community Care: Lessons from Medicaid’s History,’’ see 26 Ga. St. U. L. Rev. 937 (2010). For note, ‘‘Deinstitutionalization: Georgia’s Progress in Developing and Implementing an ‘Effectively Working Plan’ as Required by Olmstead v. L.C. ex rel,’’ see 25 Ga. St. U. L. Rev. 699 (2009).

JUDICIAL DECISIONS Cited in Richards v. Emanuel County Hosp. Auth., 603 F. Supp. 81 (S.D. Ga. 1984). RESEARCH REFERENCES Am. Jur. Trials. - Defending Hospital - Negligence of Physician-Employee, 19 Am. Jur. Trials 431. Hospital Recovery Room Accidents, 25 Am. Jur. Trials 185. Hospital Liability for Nursing Medication Errors, 29 Am. Jur. Trials 591. Due Process Considerations in Suspension of Hospital Staff Privileges, 32 Am. Jur. Trials 1. Establishing Hospital Liability under the Emergency Medical Treatment and Active Labor Act for ‘‘Patient Dumping’’, 62 Am. Jur. Trials 119. Liability of Hospital or Other Emergency Room Service Provider for Injury to Patient or Visitor, 67 Am. Jur. Trials 271. Medical and Legal Aspects of Chemical and Physical Restraint in the Nursing Home, 75 Am. Jur. Trials 1. ALR. - Licensing and regulation of nursing or rest homes, 53 A.L.R.4th 689. What patient claims against doctor, hos-

pital, or similar health care provider are not subject to statutes specifically governing actions and damages for medical malpractice, 89 A.L.R.4th 887. Liability of hospital for injury to person invited or permitted to accompany patient during emergency room treatment, 90 A.L.R.4th 478. Liability of hospital, physician, or other medical personnel for death or injury from use of drugs to stimulate labor, 1 A.L.R.5th 243. Liability of hospital, physician, or other medical personnel for death or injury to mother or child caused by improper administration of, or failure to administer, anesthesia or tranquilizers, or similar drugs, during labor and delivery, 1 A.L.R.5th 269. Opposition to construction of new hospital or expansion of existing hospital’s facilities as violation of Sherman Act (15 U.S.C. § 1 et seq.), 88 A.L.R. Fed. 478.

ARTICLE 1 REGULATION OF HOSPITALS AND RELATED INSTITUTIONS Editor’s notes. - Ga. L. 2001, p. 1172, § 2, not codified by the General Assembly, provides that: ‘‘No hospital shall release

for public use any autopsy photographs or images without the written permission of the family.’’

Law reviews. - For article, ‘‘Hospital Mergers, Market Concentration and the

Herfindahl-Hirschman Index,’’ see 33 Emory L.J. 869 (1985).

OPINIONS OF THE ATTORNEY GENERAL Department cannot regulate abortion facilities not within definition of institution. - Law concerning regulation of hospitals and related institutions cannot be utilized by Department of Human Resources (now the Department of Community Health for these purposes) to extend regulation to abortions performed in facilities other than those embraced by the term institution. 1973 Op. Att’y Gen. No. 73-24. Casualty insurance carried by regulated institutions not subject to department’s regulation. - Since the re-

quirement of carrying adequate casualty insurance is a matter which does not pertain to protection of health and lives of patients in institutions nor to kind and quality of building, equipment, facilities and institutional services that institutions shall have and use in order to properly care for patients, the Department of Human Resources (now the Department of Community Health for these purposes) cannot legally pass a valid rule requiring institutions to carry adequate casualty insurance. 1967 Op. Att’y Gen. No. 67-177.

RESEARCH REFERENCES ALR. - Liability of private noncharitable hospital or sanitarium for improper care or treatment of patient, 39 A.L.R. 1431; 124 A.L.R. 186. Hospital’s liability for care of convalescing patient, 70 A.L.R.2d 377. Malpractice in diagnosis and treatment of tetanus, 28 A.L.R.3d 1364. Hospital’s liability for injury or death to patient resulting from or connected with

administration of anesthetic, 31 A.L.R.3d 1114. Hospital’s liability to patient for injury allegedly sustained from absence of particular equipment intended for use in diagnosis or treatment of patient, 50 A.L.R.3d 1141. Hospital’s liability for patient’s injury or death resulting from escape or attempted escape, 37 A.L.R.4th 200.