Our healthcare and business law firm works with many clients who are involved in litigation. Cases begin by one party bringing an action (the “Plaintiff”) against another party (the “Defendant”) in 
either a state or federal court. Generally speaking, cases begin at the trial court level; in Georgia, that is State or Superior Court or, if federal, District Court. The cases proceed and the judge or a jury makes a decision on the merits of the case. But what happens if the decision is adverse to your position? What is your recourse? The answer generally is to appeal the decision. This post outlines the basic steps and requirements around appealing a decision or ruling from a Georgia Superior Court.
Appealable Rulings/Decisions
If the judge in your superior court matter issues a decision, the first step is to determine whether it is appealable. Typically, only final decisions are appealable (those that dispose of the entire matter), which makes sense “to avoid piecemeal or fragmented appeals.” Dep’t of Transp. v. Douglas Asphalt Co., 677 S.E.2d 728, 730 (Ga. Ct. App. 2009). Georgia Code section 5-6-34 provides the rules around when a ruling of the superior court is directly appealable. A few of the appealable decisions are: “(1) All final judgments, that is to say, where the case is no longer pending in the court below . . . ; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions.” If you wish to appeal a decision not listed, the Georgia code allows the trial court to certify a decision for immediate appeal. O.C.G.A. § 5-6-34(b). If the decision you wish to appeal is not listed in section 5-6-34, you may still be able to file a discretionary appeal directly in the Court of Appeals following section 5-6-35.
client’s mind when evaluating employment opportunities: “Am I responsible for paying for tail insurance coverage?” As a healthcare and business law firm, we routinely assist physicians in negotiating terms of employment agreements. Through our experience, we have developed tactics for negotiating compromises to the structure of tail insurance coverage agreements, and, herein, we share those tactics.
arisen. 
contracts, it is easy for the entity name to be mistyped, written in an abbreviated or well-known form, or somehow written incorrectly, especially for those individuals operating many similar entities. There is generally no substantial penalty for such an error, however, it can cause unnecessary trouble should a contract dispute arise, including placing the rights, duties, and liabilities under the contract on the individual who signed as the nonexistent entity. This post intends to alert our business readers of this easily avoidable pitfall and provide an overview of how Georgia courts handle such situations.
laboratories. A compliance question faced by many of our clients, particularly those who conduct COVID-19 testing, is how to properly maintain and share patient records. Herein, we note some of the rules around retaining and sharing patient records under Georgia law for clinical laboratories.
outlining the mission and purpose of the business, the next step for our 
useful when managed correctly, these clinics are widely thought to be part of the cause for the opioid epidemic. Georgia citizens suffered and continue to suffer from the opioid epidemic, but, in 2013, Georgia took a large step toward reducing the drug problem by enacting House Bill 178 (“HB 178”) known as the Georgia Pain Management Clinic Act. Before any of our clients become involved with a pain management clinic in Georgia, we immediately advise them of the following three facts.
practice. In Georgia, the Georgia Composite Medical Board (“GCMB”) is the state licensing board which determines whether a license application of a physician, physician assistant, respiratory care professional, perfusionist, acupuncturists, orthotist, prosthetist, auricular detoxification specialist, resident trainee, cosmetic laser practitioner, pain management clinic and medical geneticist is granted and in good standing. The GCMB also is authorized to investigate and impose discipline as to practitioners who may be failing to comply with professional, ethical or other licensure standards. The Georgia Board of Dentistry and Georgia Board of Nursing serve similar roles for practitioners in those areas of healthcare.
the Georgia Composite Medical Board (“GCMB”). Herein, we discuss a tool available to any physician who believes strict application of Georgia’s rules and regulations would create an undue hardship on the physician.
year tonight. Happy 2021!