The Georgia Emergency Management Act (“GEMA”) states in relevant part: “[n]either the state nor any political subdivision of the state nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof, nor any volunteer or auxiliary emergency management worker or member of any agency engaged in any emergency management activity complying with or reasonably attempting to comply with Articles 1 through 3 of this chapter . . .shall be liable for the death of or the injury to person or for damage to property as a result of any such activity.” OCGA § 38-3-35 (b).
The Court of Appeals of Georgia stated in its November 3, 2025 Opinion in Howard v. Coffee Regional Medical Center, Inc., A25A1410: “The record in this case shows that, soon after Northcutt presented to the hospital, it was noted that Northcutt twice tested negative for COVID, and he “[could] go to the regular floor” for monitoring. After Northcutt spent the night at the hospital, his blood pressure, body temperature, and oxygen levels dropped significantly from the time of his admission, with his blood pressure in particular being “dangerously low.””
“Early the next morning, a nurse practitioner ordered that he be placed in the ICU. The order, however, was not fulfilled, and Northcutt was not moved to the intensive care unit or provided with ICU-level care. Although the defendants point to evidence that Northcutt was not moved to ICU because no beds were available, the hospital’s records noted 19 patients were placed in 14 different ICU rooms from April 27 through 29 when there were 19 different ICU rooms. Under the hospital’s policy, if a patient was ordered to the ICU but was unable to be placed there, the patient was still required to receive ICU-level care to the extent possible, including continuous monitoring, a full work-up, and resuscitative measures. Dr. Coggins testified that she did not provide this level of care because she was not made aware that Northcutt was in any critical level of need, not because of the pandemic.”
“[T]o be immune, Dr. Coggins must show that she was “engaged in any emergency management activity” and that Northcutt’s death and injury was “as a result of any such activity.” OCGA § 38-3-35 (b).”
“From this evidence, a reasonable factfinder could potentially conclude that Northcutt’s death was not caused by COVID and that the defendants’ efforts to respond to the ongoing health emergency did not meaningfully affect their ability to provide the normal standard of care. There is therefore evidence in the record from which a reasonable factfinder could conclude that Northcutt’s death was not “as a result of” any “emergency management activities” by the defendants to respond to the ongoing COVID emergency. See Resurgens, LLC, 369 Ga. App. at 680-682 (1) (rejecting argument that GEMA foreclosed a medical malpractice claim when there was no “compelling argument” that the performance of a surgery unrelated to the COVID emergency was an “emergency management activity”). Accordingly, we reverse the trial court’s grant of summary judgment on this issue.”
If you or a loved one suffered harm (or worse) from medical negligence in Georgia or in another U.S. state, you should promptly find a Georgia medical malpractice attorney, or a malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice claim, if appropriate.
Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice lawyers in your state who may assist you.
Turn to us when you don’t know where to turn.
