Articles Tagged with medical treatment

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All parents have certain legal obligations towards their children. Under Georgia law, a parent must provide for a child’s “maintenance, protection and education” until he or she reaches 18 years of age. Obviously, this includes paying for a  child’s medical care, including care for injuries caused by a third party’s negligence.

Mujkic v. Lam

Of course, the parents do have the right to seek compensation from the negligent party for their out-of-pocket costs. But parents need to be aware of Georgia’s strict deadlines for pursuing such claims in courts. The law in this area is sometimes confusing, but judges do not excuse ignorance or honest mistakes when it comes to filing deadlines.

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Many Georgia residents do not wish to receive extraordinary medical procedures in the event they are suffering from a terminal illness. Hospitals and health care providers are legally required to honor a patient’s wishes in this respect, especially when there is an Advance Directive making such intentions clear. If a hospital ignores such a directive, it may be liable for causing the patient unnecessary pain and suffering.

Doctors Hospital of Atlanta v. Alicea, Administratrix

The Georgia Supreme Court recently addressed the subject of when a hospital may escape liability for ignoring a terminal patient’s Advance Directive. The case is a pending lawsuit involving a 91-year-old woman who passed away in 2012. The plaintiff is the woman’s granddaughter, acting as the administratrix of her estate.