Reports by Physicians and Other Personnel of Nonaccidental Injuries to Patients; Immunity From Liability

  1. Law
  2. Georgia Code
  3. Health
  4. Regulation and Construction of Hospitals and Other Health Care Facilities
  5. Regulation of Hospitals and Related Institutions
  6. Reports by Physicians and Other Personnel of Nonaccidental Injuries to Patients; Immunity From Liability

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  1. As used in this Code section, the term "medical facility" includes, without being limited to, an ambulatory surgical treatment center defined in subparagraph (C) of paragraph (4) of Code Section 31-7-1 and a freestanding imaging center defined in subparagraph (G) of paragraph (4) of Code Section 31-7-1.
  2. Any:
    1. Physician, including any doctor of medicine licensed to practice under the laws of this state;
    2. Licensed registered nurse employed by a medical facility;
    3. Security personnel employed by a medical facility; or
    4. Other personnel employed by a medical facility whose employment duties involve the care and treatment of patients therein

      having cause to believe that a patient has had physical injury or injuries inflicted upon him other than by accidental means shall report or cause reports to be made in accordance with this Code section.

  3. An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medical facility or his designated delegate. The person in charge of the medical facility or his designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. The report shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator.
  4. Any person or persons participating in the making of a report or causing a report to be made to the appropriate police authority pursuant to this Code section or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil liability that might otherwise be incurred or imposed, providing such participation pursuant to this Code section shall be in good faith.

(Code 1933, § 88-1913, enacted by Ga. L. 1980, p. 1040, § 2; Ga. L. 1982, p. 1249, §§ 1, 2; Ga. L. 1985, p. 898, § 1; Ga. L. 2008, p. 12, § 2-13/SB 433.)

Law reviews.

- For article, "Hospital Liability for Physician Negligence in Georgia: A Realistic Approach," see 37 Mercer L. Rev. 701 (1986).


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