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Georgia’s Supreme Court Denies Immunity to Doctor Who Overrode Advance Directive

The Georgia Supreme Court ruled that a doctor and hospital could not claim immunity after allegedly ignoring a patient’s advance directive in a medical malpractice case.

The lawsuit stemmed from a Richmond County case in which a doctor intubated and placed a 91-year-old woman on life support against her health care agent’s wishes. The plaintiff, her granddaughter, argued this act caused unnecessary suffering and violated Georgia’s Advance Directive Act.

Both the trial court and Court of Appeals found that the doctor failed to act in good faith, as required by O.C.G.A. § 31-32-10, and the Supreme Court agreed, emphasizing that medical decisions should reflect the patient’s will—not the provider’s.

This case reinforces the importance of patient autonomy and the legal obligations of healthcare providers in Georgia when following advance directives.

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