Lisa Boggs

Despite district’s delay with assessment, student was not entitled to additional compensatory services

The mother of a 6-year-old child with autism brought a complaint against the child’s school district under the Individuals with Disabilities Education Act (IDEA).  Among her multiple claims, the mother alleged the district had unreasonably delayed completing her son’s Functional Behavioral Analysis (FBA) over a two-year period.  The district countered that the student, like many …

Despite district’s delay with assessment, student was not entitled to additional compensatory services Read More

License suspension reversed based on insufficient evidence that driver was under the influence

The Court reversed the administrative suspension of a driver’s license, after concluding there was not enough evidence showing the driver had been under the influence of alcohol or a controlled substance while operating a vehicle.  The only material evidence showed the driver had been speeding prior to the traffic stop, had bloodshot/watery eyes, and had …

License suspension reversed based on insufficient evidence that driver was under the influence Read More

Court lacks jurisdiction over alleged violations of IDEA settlement agreement’s confidentiality clause

In granting a school district’s motion for summary determination, the Court held that a student and his parent cannot seek relief from this tribunal for an alleged violation of a prior settlement agreement in a case brought under the Individuals with Disabilities Education Act (IDEA).  This Court has no jurisdiction to enforce an agreement provision …

Court lacks jurisdiction over alleged violations of IDEA settlement agreement’s confidentiality clause Read More

Plastic surgeon did not deviate from acceptable medical practices when assessing patients’ blood loss

This matter involved the Georgia Composite Medical Board’s disciplinary action against a licensed plastic surgeon, based on reports about several of his patients who were diagnosed with anemia following surgery.  The Court ultimately decided no disciplinary action was warranted.  The Judge found that the Board’s expert witness could not identify a reason for the anemia …

Plastic surgeon did not deviate from acceptable medical practices when assessing patients’ blood loss Read More

Nursing facility failed to prove patient needed to be discharged due to dangerous behavior

In a case brought under Georgia’s Long-Term Care Bill of Rights, the Court reversed a skilled nursing facility’s decision to involuntarily transfer a patient.  Although evidence from staff members proved the patient engaged in disruptive and inappropriate behavior, the facility failed to put forth satisfactory evidence that a physician had determined the patient’s continued presence …

Nursing facility failed to prove patient needed to be discharged due to dangerous behavior Read More

Patient’s mental anguish can be inferred, based on CNA’s use of derogatory and abusive language

In this matter, the Department of Community Health sought to place a certified nurse aide (CNA) on the Nurse Aide Registry after receiving allegations that she had verbally and physically abused a patient at a long-term care facility.  The Court affirmed the Department’s findings as to the verbal abuse, which included derogatory and abusive language …

Patient’s mental anguish can be inferred, based on CNA’s use of derogatory and abusive language Read More

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