O.C.G.A.
O.C.G.A.

O.C.G.A. § 31-8-44 (2019)

Immunity of hospital or health care provider from liability

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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No physician, nurse, or other such medical assistant, nor the hospital or any of its agents or employees shall be guilty of malpractice or civilly liable therefor for treatment rendered under this article unless the physician, nurse, or other medical assistant, or the hospital, its agent, or employee has been grossly negligent in the provision of such services or has willfully failed to comply with the provisions of this article. No action shall be brought in connection with treatment rendered under this article without a specific allegation of gross negligence or willful failure to comply.

History

Code 1981, § 31-8-44, enacted by Ga. L. 1984, p. 1389, § 1; Ga. L. 1985, p. 829, § 3.

Annotations

Cross references. - Actions for medical malpractice generally, § 51-1-27.

Notes of Decisions
Cited in 2 cases, 2009–2010 · leading case: Gliemmo v. Cousineau, 694 S.E.2d 75 (Ga. 2010).
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Gliemmo v. Cousineau, 694 S.E.2d 75 (Ga. 2010). · cites it 30× “" OCGA § 31-8-44. In rejecting the claim that the Act is unconstitutional special legislation, this Court found that it "operates statewide and is applicable to all hospitals authorized to operate as provided in the statute.”
Krachman v. Ridgeview Inst., Inc., 687 S.E.2d 627 (Ga. Ct. App. 2009). · cites it 2× “Compare OCGA § 31-8-44 (extending immunity to hospitals and their agents and employees providing emergency services to pregnant women in labor).”
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