Dailey v. Abdul-Samed

On reconsideration I find it necessary to write separately because, although I agree that the trial court’s order granting summary judgment must be reversed, I do so for a different reason than that expressed by the majority.5

Specifically, I disagree with Division 2 of Presiding Judge Miller’s opinion holding that a question of fact exists as to whether the Defendants’ actions in delaying necessary treatment constituted emergency medical care under OCGA § 51-1-29.5 (c).

In the present case, while the Defendants provided some care to Mr. Dailey upon his arrival to the Spalding Regional Hospital…