Clayton v. Kelly

Birdsong, Chief Judge.

The appellants, parents of a child who they allege was rendered severely retarded as a result of deprivation of sufficient oxygen at or after her birth, sued Coliseum Park Hospital and attending doctors. Summary judgment was granted to Gene M. Kelly, M.D., and Anesthesia Associates of Macon, apparently upon the basis of immunity provided by the Georgia “Good Samaritan” statute, OCGA § 51-1-29. The plaintiffs appeal. Held:

We reverse. Issues of fact remain as to the applicability of the immunity provisions of the Georgia Good Samaritan statute to these appellees.

The…