Court of Appeals Rules for Defendant Nurse
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Medical Malpractice Appellate Victory

Andrew Bagley and Dan McGrew recently secured an appellate victory for a nurse practitioner in a wrongful death medical malpractice case.

The patient's estate filed suit againt the nurse, claiming that she breached the standard of care by failing to timely review laboratory results.  Dan and Andrew moved for summary judgment on the basis that the nurse did not have a relationship with the patient that required her to review the subject lab results.  The trial court judge denied the Motion, but the Court of Appeals reversed, finding that no medical provider-patient relationship existed between nurse practitioner and the patient.  Therefore, the nurse could not be held responsible. 

The published opinion is available at My Family Doc, LLC v. Johnston, 366 Ga. App. 459, 883 S.E.2d 404 (2023).