In a recent decision by the Court of Appeals of Georgia, the case of Wilson et al. v. Inthachak et al. revolves around a legal dispute concerning medical negligence. Angela Wilson filed a lawsuit against Dr. Nirandr Inthachak and his practice, Radiology Associates of South Georgia, alleging that Dr. Inthachak misdiagnosed her mother, Dorothy Warren’s condition, leading to her death. The core issue is whether Dr. Inthachak’s remote diagnosis from miles away qualifies for the gross negligence standard under Georgia’s emergency medical care statute.
The trial court initially ruled in favor of Dr. Inthachak, granting him summary judgment based on the emergency medical care statute’s protections. However, upon appeal, the Court vacated this decision and remanded the case for further proceedings. The appellate court found that there were factual questions regarding whether Dorothy Warren received “emergency medical care” and if causation could be established between the alleged misdiagnosis and her death.
The appellate judges were divided on whether Dr. Inthachak needed to be physically present in the hospital emergency department for the statute to apply, with some judges dissenting from the majority opinion.
Source: A23A0398_ANGELA_D_WILSON_et_al_v_NIRANDR_INTHACHAK_et_al_Opinion.pdf
