Shekhawat v. Jones, 293 Ga. 468

In December 2003 a newborn with a life‑threatening condition was transferred to the Medical College of Georgia (MCG); Dr. Shekhawat (neonatologist) and Dr. Mathews (anesthesiologist) treated the child in their roles as MCG faculty and state employees.
The child suffered severe, permanent injuries after post‑operative respiratory compromise allegedly caused by negligent intubation/airway management.
Plaintiffs sued the physicians individually for medical malpractice and joined the Board of Regents (MCG’s employer) as a defendant.
Trial court granted summary judgment for the physicians, finding they had official immunity under the Georgia Tort Claims Act (GTCA); the Court of Appeals reversed, applying Keenan v. Plouffe.
The Georgia Supreme Court granted certiorari to resolve whether Keenan’s medical/governmental‑discretion test controls official immunity for state‑employed physicians.
The physicians attested they were acting within the scope of their state employment while performing the challenged care; the issue presented was whether that showing bars personal liability under the GTCA.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether state‑employed physicians are entitled to official immunity for malpractice committed while treating patients at the state facility	Keenan analysis: when treatment reflects "medical" (not governmental) discretion or a physician‑patient duty, official immunity does not apply; here physicians exercised independent medical judgment	Official immunity depends solely on whether the physician acted within the scope of state employment; Keenan conflates sovereign immunity discretionary‑function analysis with official immunity and should be overruled	Court overruled Keenan and held physicians are entitled to official immunity because they acted within the scope of their state employment while treating the patient

Keenan v. Plouffe, 267 Ga. 791 (Ga. 1997) (previously held state‑employed physician not immune when exercising independent medical discretion for a private‑pay patient)
Youngblood v. Gwinnett Rockdale Newton Community Svc. Bd., 273 Ga. 715 (Ga. 2001) (standard of review on summary judgment)
Riddle v. Ashe, 269 Ga. 65 (Ga. 1998) (state actor immune if acting within scope of official duties)
Donaldson v. Dept. of Transp., 262 Ga. 49 (Ga. 1992) (distinguishing sovereign immunity of the State from official immunity of employees)
Edwards v. Dept. of Children & Youth Svcs., 271 Ga. 890 (Ga. 2000) (medical decisions ordinarily are not "discretionary functions" for GTCA sovereign‑immunity analysis)
James v. Jane, 282 S.E.2d 864 (Va. 1980) (Virginia decision addressing sovereign immunity and physician discretion; relied on in Keenan but distinguished here)