2020 Georgia Code
Title 37 - Mental Health
Chapter 7 - Hospitalization and Treatment of Alcoholics, Drug Dependent Individuals, and Drug Abusers
Article 1 - General Provisions
§ 37-7-5. Immunity From Liability for Actions Taken in Good Faith Compliance With Admission and Discharge Provisions of Chapter
Any physician, psychologist, peace officer, attorney, or health official, or any hospital official, agent, or other person employed by a private hospital or at a facility operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31, who acts in good faith in compliance with the admission and discharge provisions of this chapter shall be immune from civil or criminal liability for his actions in connection with the admission of a patient to a facility or the discharge of a patient from a facility.
(Code 1933, § 88-402.23, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1981, p. 996, § 1.)
Cross references.- Liability of law enforcement officers for actions taken at scene of emergency, § 35-1-7.
Employment and training of peace officers, T. 35, C. 8.
Physicians generally, T. 43, C. 34.
Psychologists generally, T. 43, C. 39.
JUDICIAL DECISIONS
No immunity for actions not in good faith.
- O.C.G.A. § 37-7-5 bestows only qualified immunity on a physician for the execution of a certificate. Thus, a malpractice suit is not barred inasmuch as the physician is liable for actions not taken in good faith. Watkins v. Roche, 529 F. Supp. 327 (S.D. Ga. 1981).
