In view of Gilbert and Stephens, and in the absence of any indication in the plain text of the statute that a hospital or other facility, whether governmental or private, may invoke the immunity provided under OCGA 37-3-4, we agree with Krachman that the trial court erred in granting summary judgment for Ridgeview under OCGA 37-3-4. Ridgeview Institute - Monroe at 709 Breedlove Dr, Monroe, GA 30655. After Sarah vomited about 8:30 p.m., the nurse then on the adolescent unit paged the doctor. In other words, there can be no such tort as a negligent false imprisonment which of itself makes the defendant liable without proof of the invasion of some interest other than the bare interest in freedom from confinement. (Citations and punctuation omitted.) Cons Ridgeview Institute markets itself as "Georgia's first choice in mental health and addiction treatment for over 40 years." According to medical records he provided, McKeen was admitted to. Given the choice, she would have eaten ice cream with every meal. In the medical chart, though, Gibb would note that Sarah was "cold, blue and without a pulse" when she arrived. (Attachments: # (1) Civil Cover Sheet)(jf, ), Order on Motion for Leave to Proceed in forma paup, FIAT ORDER granting [2] Motion for Leave to Proceed in forma pauperis. His son, accompanied by two of Handley's other daughters, arrived at the hospital a short time later. Signed by Judge Richard W. Roberts on 10/3/07. But Sarah's hallucinations worried the doctor, who thought she might hurt herself. A technician would later tell investigators it resembled coffee grounds, a sign of a medical emergency: She was vomiting partly digested blood. We offer 24/7 free assessments in our facility for your convenience. (ms, ), Set/Reset Deadlines: Response to Dispositive Motions due by 1/14/2008. She also told the doctor that her father was paranoid, that he had acted irrationally in the past, and that he had a long history of physical abuse against his wife. It resembles a small college campus, with low-slung buildings clustered amid grassy fields. Im speaking from experience and from talking to other students who were wrongfully sent to Ridgeview as that process is very traumatic.. Ajude-nos a manter o Glassdoor seguro confirmando que voc uma pessoa de The doctor did not document whether she listened for bowel sounds with a stethoscope, or checked whether the abdomen and bowel area were firm, or felt for masses. ridgeview institute monroe. 85: National standard for occupancy rate. An arbitration panel has ordered a Hudson back surgeon to pay $2 million to a Hillsborough woman who said she had six operations during the first three months of 2007. My brother received a black eye, allegedly from, falling out of a chair. The brain disorder, which can cause hallucinations and delusions, among other symptoms, affects about 1 percent of the population, according to the National Institute of Mental Health. He was discharged that evening at approximately 7:00 p.m. At no time during his 24 hour hospitalization did Handley, or either of his personal representatives, request an attorney or assistance in preparing a habeas corpus petition. Ridgeview's own doctors did on their own initiative what any attorney would have requested; they evaluated Handley within the time period mandated by OCGA 37-3-43 and immediately released him. Boys slept on one hall, girls on the other. If the patient makes an oral request for release to any member of the staff or other service provider, the patient must within 24 hours be given assistance in preparing a written request. Dr. Shipman's progress notes from July 12, 2006 and July 18, 2006 described Krachman as agitated, anxious, and depressed. Wingate v. Ridgeview Institute, Inc. (Emphasis omitted.) Ridgeview Institute is a premier mental health hospital open 24/7 located in Smyrna, GA and Monroe, GA. the nurse asked, according to notes later inserted in Sarah's medical chart. 3995 South Cobb Drive, Smyrna, Georgia 30080, 709 Breedlove Drive, Monroe, Georgia 30655, Senior Adult Psychiatric and Addiction Program, Young Adult Psychiatric and Addiction Program. Even assuming, arguendo, that the Red Cross breached a duty by failing to follow its own standards concerning Direct quotations not taken from documents or heard by reporters appear in italics. Call (770) 434-4567 WHO WE SERVE SPECIALIZED TREATMENT PROGRAMS FOUNDATIONS Adult Program Ridgeview Institute adult's Foundations program specializes in the treatment of mental health and substance use disorders through evidenced based treatment approaches. But "we're not just throwing our hands up and hollering we can't do anything about it.". We therefore reaffirm our holding in Williams, supra 255 S.E.2d at 716, that [w]here one is taken into custody pursuant to a procedurally valid certificate of a physician authorizing involuntary mental treatment, the resulting detention is not unlawful. Although such detention may give rise to other claims, a cause of action for false imprisonment is not among them. Accordingly, the trial court erred in ruling that Handley has a viable claim for false imprisonment based upon Ridgeview's alleged failure to provide the statutory notices required by OCGA 37-3-44. Another thread from the same time, titled Regarding Ridgeview, posted excerpts from six critical reviews of the institute on Yelp. He has been in practice more than 20 years. As discussed above, the tort of false imprisonment is an intentional tort. There have been times when conversations have been facilitated between Institute staff and hospitals to improve the student experience. So, we seek out the counseling center, which by many reports is just fundamentally unable to handle this, and by similar reports we are then referred by the counseling center to a place called the Ridgeview . ", In an additional 24 cases, the agency says, "we agree the hospital system should make improvements.". A- This business is not BBB Accredited Search for Accredited Businesses in this category Customer Reviews are not used in the calculation of BBB Rating Reasons for BBB Rating Contact Information. Ridgeview Institute corporate office is located in 3995 S Cobb Dr SE, Smyrna, Georgia, 30080, United States and has 336 employees. The . Write a Review Claim this listing Reviews: 06/14/2019 I was Hospitalized at Ridgeview 5 years ago. Krachman now appeals, arguing that the trial court erred in concluding that Ridgeview was immune from liability under OCGA 37-3-4 because, among other things, Ridgeview is not within the ambit of the statute. One physician was on duty for the entire hospital that night: Dr. Ginari Gibb, a 32-year-old medical resident in psychiatry. of Human Resources, 206 Ga.App. Dobson also wondered about a red streak across Sarah's forehead and about the girl's swollen feet. Stay up-to-date with how the law affects your life. When the only physician on call at Georgia Regional Hospital/Atlanta came at 9:20, Sarah had vomited again, but the doctor did not examine her, medical records suggest. 386(2), 395 S.E.2d 909 (1990). Ridgeview Institute 3995 South Cobb Drive, Smyrna, Georgia, 30080 3.4 ( 84 Reviews) Call (844) 350-8800 See All Photos Facility Center Details Detox Services Residential Treatment Behavioral Disorder Treatment Dual-Diagnosis Treatment Inpatient Intensive Outpatient Services Outpatient Services Sober Living Home Telehealth The nurse sent two male technicians to the boys' hall; one supervised a patient who required individual monitoring, while the other cared for the remaining eight boys. message, please email Dr. Steven Lee is a psychiatrist in Atlanta, GA, and is affiliated with Ridgeview Institute-Smyrna. Aiutaci a proteggere Glassdoor dimostrando che sei una persona reale. I'm not so certain about the overnight shift.". She was withdrawn and seemed ill. "She didn't talk much, " Bobbie Crider recalls. Call Us Now (678) 635-3500. Ridgeview Institute is a part of a leading behavioral healthcare network in Georgia; we provide comprehensive care within a safe, structured, and highly supportive environment. 20 Specialties 57 Practicing Physicians. Stewart v. Williams, 243 Ga. at 581, 255 S.E.2d 699; Cannon v. Street, 220 Ga.App. Handley was evaluated by a psychiatrist at Ridgeview the next day at 3:30 p.m. and was found not to be in need of continued hospitalization. But the state refuses to release records of those reviews, even to the families of deceased patients. What if I do something to hurt my [2-year-old son] or hurt myself. On July 26, 2006, Dr. Shipman stated that Krachman continued to express fear of going home, stating, I can't do it, and remained fearful of harming her son or herself. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Dept., 285 Ga. 184, 187, 674 S.E.2d 894 (2009). The Georgia Department of Human Resources, which operates the seven state hospitals, refused to identify any current or past patients, including the 364 who have died in state custody in the past five years. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. ", The state fired Dr. Ramesh Amin, Sarah's primary psychiatrist for much of her hospitalization, citing "negligence and inefficiency." Ridgeview Institute-Monroe uses Evidence-Based Treatment modalities to assist patients in achieving their treatment goals These consist of Cognitive Behavioral Therapy, Trauma-Focused Therapy,. ", Sarah's condition should have been recognized as a medical emergency requiring immediate surgery, says Dr. Kris Sperry, Georgia's chief medical examiner. Most Sundays, Dobson and Sarah's other grandmother, Bobbie Crider, visited her together. Sign in to add some. Ridgeview, (filed Mar. Nous sommes dsols pour la gne occasionne. Skinner agrees that Sarah's death was avoidable. para nos informar sobre o problema. Therefore, an essential element of a claim for false imprisonment is an unlawful arrest or detention. ", Sarah's funeral was Thursday, Feb. 16. Subsequently, we extended this rule to a non-governmental entity in Stephens v. Conyers Apostolic Church, 243 Ga.App. But Sarah's medical records contain no indication that Gibb actually examined her. (844) 350-8800. If we were to extend the definition of process in the manner advanced by Handley and the trial court, then every negligent act or violation of law accompanied by a detention-for example, the failure to read Miranda warnings after a valid arrest-could give rise to a claim for false imprisonment. Alone in the darkness of a state mental hospital, Sarah Crider, 14, lay slowly dying. By the fall, Sarah's family realized they needed help again. Startseite; Die Bckerei. Se continui a visualizzare real person. She told Dr. Rosen that her father had tied up her mother in the house, that he had loaded guns and was threatening to use them on his wife and himself, and that he was threatening to burn down his house. Ridgeview Institute, a private hospital treating people with addiction or mental health problems, has earned a national. Matjoulis v. Integon Gen. Ins. "Our take on it was the situation with the child was not something that occurred on one night or one shift, " Skinner says. Ci Meanwhile, officials project, the daily average number of adult mental health patients will have risen 12 percent by the end of this fiscal year. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 44: Percentage of Georgia's mental health budget that goes to state hospitals. Sign up or sign in to contribute one. Within three days (not counting Sundays and legal holidays) after the Medical Director, or a physician who has been designated by the Medical Director to make discharge decisions, gets my written request, I will be discharged unless that physician determines, after consideration of the recommendations of the treatment team, that my discharge would be unsafe to me or others. "Our hospitals are overcrowded and overused, " she says. 339, 340(1), 506 S.E.2d 381 (1998). Now, no one could control her. Psychiatric Center, 158 Ga.App. So we had an opportunity to utilize multiple skill sets. You leaned alot on the job, it helps with continuing educations and professional growth. Click below on either of our facilities to learn more! 2018), the plaintiff a minor alleges that personnel told her to walk down a tile hallway after a blood draw. (844) 350-8800. [Cit.] Although they spent their lives together in institutions, they had lived in separate rooms for years, Hires says, and Dorothy seemed not even to know Gloria had died. Contact Us for a Free & Confidential Assessment. Dobson was furious. Ridgeview also provided Krachman with a statement of Patient Rights and Responsibilities, which included the right to request discharge in writing any time after admission if an adult patient, and to be assisted to put verbal request in writing within 24 hours.. The next night, Feb. 12, 2006, Sarah Crider was one of 22 patients in Georgia Regional's adolescent unit. All rights reserved. Offering a comprehensive array of programs for youth, young adults, adults and senior adults, the treatment facility also provides specialized programs for women and licensed professionals who need behavioral health and/or addiction . The record shows that on July 9, 2006, Krachman, who was approximately 17 weeks pregnant, was admitted to Ridgeview on a voluntary basis to obtain mental health treatment. Meemaw, Sarah Crider would tell Dobson in the yard,why dont you just admit it -- everything you touch dies anyway.. We agree. Sarah was meticulous about her clothes, sometimes changing three or four times a day. The Medical Coder is responsible for the accurate abstracting of inpatient and outpatient Behavioral Health patient data into the computerized data base . 3995 S Cobb Dr SE Smyrna, GA 30080. Stewart v. Williams, 243 Ga. at 581, 255 S.E.2d 699. Ridgeview is hiring. By contrast, the agency releases complete files on deaths of children in its foster care system, as required by a 2000 state law. One of the best Psychiatrists, Healthcare business at 3995 S Cobb Dr SE, Smyrna GA, 30080 United States. excuses voor het ongemak. August 2011 - July 2012. In one case, hospital officials assigned a death investigation to a music therapist on their staff. This is the combustible atmosphere that Sarah Elizabeth Crider, a seventh-grader from the suburbs, encountered in the fall of 2005 when she entered Georgia Regional. ridgeview institute lawsuitwhat root word generally expresses the idea of 'thinking'what root word generally expresses the idea of 'thinking' 118(4), 407 S.E.2d 406 (1991); Hudgins v. Bawtinhimer, 196 Ga.App. "They said, well, if they could find them, " she recalls. Although Dr. Rosen certified on the 1013 certificate that he had personally examined Handley and found him to be a mentally ill person requiring involuntary treatment and a person presenting a substantial risk of imminent harm to himself or others, no personal examination was actually conducted. om ons te informeren over dit probleem. She had put on weight during her hospital stay, about 30 pounds, up to 156, possibly a side effect of her anti-psychotic medications. In a subsequent affidavit, Krachman asserted that on several occasions she attempted to leave Ridgeview with her husband after visiting hours, but Ridgeview employees prevented her from doing so. ridgeview institute inc. ridgeview. Si continas viendo este mensaje, Her family took her to an emergency room, where a doctor at first suspected meningitis. False imprisonment is an intentional tort and not a tort of negligence. Because we are reversing the trial court's denial of Ridgeview's motion for summary judgment on all of Handley's claims against Ridgeview in this action, it is unnecessary for us to address the additional grounds for reversal raised in this appeal. Sarah was one of at least 115 patients from Georgia's state psychiatric hospitals who have died under suspicious circumstances during the past five years, according to an investigation by The Atlanta Journal-Constitution. In children, the institute says, the disease often is misdiagnosed as autism. His attorney, Sandra Michaels, says Amin should not be "singled out" for blame. Siebenbrgische Spezialitten Erzeugnisse aus der Heimat nach original Rezepten. Ridgeview Institute is available 24 / 7 for NO COST Assessments. Ridgeview is always needing people, and this agency gives you a chance to work with so many Different populations with different circumstances whether it's adolescents, women, geriatrics, and adults. Call today 844.350.8800 212(3), 469 S.E.2d 343 (1996). After two weeks, she returned to Dobson's house in Acworth acting as if nothing had happened and quickly resumed her regular life: Girl Scouts, youth groups at church, special education classes at school. 97: Average percentage occupancy rate in Georgia's state psychiatric hospitals. For other hospital employees, the consequences of Sarah's death appear to have been minimal. The second weekend in February, they went on Saturday night instead. Ridge view was very diverse industry. Ginari Gibb, the doctor on duty the night Sarah died, continues to practice at Georgia Regional. los inconvenientes que esto te pueda causar. See what Ridgeview Nurse Navigators Jennifer Jerde, RN, and Cyndy Stuckmayer, RN, have to say about their careers at Ridgeview. When the detention is predicated upon procedurally valid process, false imprisonment is not an available remedy, regardless of the motives upon which the process was secured, because detention effectuated pursuant to procedurally valid process, such as an arrest warrant, is not unlawful. Williams v. Smith, 179 Ga.App. ] Bradley Center v. Wessner, 250 Ga. 199, 200, 296 S.E.2d 693 (1982). Please enable Cookies and reload the page. An action for false imprisonment will lie where a person is unlawfully detained under a void process, or under no process at all, and can not be maintained where the process is valid, no matter how corrupt may be the motives of the person suing out the process or how unfounded the imprisonment may be. [Cit.] There, thousands of patients lived and died amid horrific conditions that became synonymous across the nation with mistreatment of people with mental illness. She eventually received Sarah's gown and robe, both stained by what appeared to be vomit or blood. Karen Wunder Tucson, Arizona Details. Signed by Judge Richard W. Roberts on 12/13/07. Therefore, assuming arguendo that Handley can establish that Ridgeview breached its legal obligation to provide the notifications required by OCGA 37-3-44, Handley must still be able to prove he suffered actual damages as a proximate cause of Ridgeview's negligence. More training in nonviolent methods to control unruly patients. "People should not die of obstructed intestines.". Sarah's demeanor so upset Dobson that she began looking into an alternative treatment program in Florida. See Ridgeview Institute v. Handley, 224 Ga. App. No independent agency routinely investigates or analyzes these deaths, the Journal-Constitution found. At 6:15, a nurse entered Room 1123 and found Sarah, unconscious, without a pulse, still lying in vomit. She frightened her younger cousins with a fixed stare. las molestias. . (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. Experts say relatively simple measures could have prevented many deaths: More staff members to observe choking-prone patients during mealtime and to react to emerging medical problems. One child read aloud, "Sarah, you're my best friend, and I'm going to miss you.". Stay up-to-date with how the law affects your life. The overnight nurse had been occupied with other duties since 12:35, then returned at 2 to document that Sarah was lying in "extra large amounts" of vomit. One inquiry began in response to an anonymous complaint about Sarah's treatment. He had to administer medications to patients and fill out paperwork. Call us at (844)-350-8800 Likely open (See when people check in) No one summoned Gibb when Sarah vomited at least two more times between midnight and 2 a.m. - Clinical Assistant Professor, Emory University School of Medicine, Department of Psychiatry, Atlanta, Georgia, 1982 - Present. We are sorry for the inconvenience. envie um e-mail para Further, Dr. Shipman wrote that Krachman could not discuss, this evening, what she could do at home if she was discharged. Dr. Shipman's notes from July 25, 2006 reflect that Krachman told Shipman she was not getting better and was having bad thoughts. A slim window on the outside wall offered her a view of a trailer on the hospital grounds. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Ridgeview Institute insights Based on 67 survey responses Areas for improvement Trust in colleagues This is the first dedicated orthopedic facility in Minnesota that is a partnership between an independent practice and health system. In Sarah's case, investigators from the department's regulatory section struck a critical tone. Likewise, there is no evidence that Handley, or either of his children appointed as his legal representatives, desired a legal resolution to his involuntary commitment. Georgia Regional "failed to adequately monitor and assess the patient, " the investigators wrote. 1:07-cv-01814-RWR in the District Of Columbia District Court. This study revealed a pattern of neglect, abuse and poor medical care in the seven state hospitals, as well as a lack of public accountability for patient deaths. Company profile page for Ridgeview Institute Inc including stock price, company news, press releases, executives, board members, and contact information ABOUT RIDGEVIEW INSTITUTE. Sarah lived with her grandmother, as did her younger brother, Wesley, and her mother, Leslie Dobson. All Rights Reserved. Former staff writer Joe Geshwiler contributed reporting for these articles. Plaintiff/appellee Hubert Handley filed suit against defendant Ridgeview Institute, Inc./appellant, seeking damages for false imprisonment based upon his involuntary commitment at the hospital. In a fit of anger, she shredded an antique book belonging to Dobson. (Citation omitted.) Mitchell v. Lowe's Home Ctrs., 234 Ga.App. Krachman argues that even if Ridgeview's staff members are entitled to immunity under the statute, Ridgeview is not. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Given the foregoing, jury questions remain as to whether Ridgeview has demonstrated its objective compliance with the discharge procedures of OCGA 37-3-22(a); Heath, supra, 200 Ga.App. If I am not released, the process for involuntary hospitalization will begin. Twelve committed suicide. ein Mensch und keine Maschine sind. Daniel Upshaw Atlanta, Georgia Details. All say the investigation shows significant problems with care provided in the Georgia hospitals. I have a friend who was placed in Ridgeview involuntarily, and it made her very reluctant to get help for her depression and suicidal thoughts afterwards, u/lvhq said in response. Joyce Dobson at first assumed another patient had assaulted her granddaughter. The former alleges malpractice. She rarely spoke, according to another report, and when she did, she seemed fixated on such topics as getting pregnant and the singer Britney Spears. Back at her grandmother's house, she continued having severe, disruptive tantrums despite being heavily medicated. "Years of institutionalization coarsened him. . FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. In and out of institutions for years as he battled mental illness, Moore, 49, also had a degenerative disease that was slowly taking away his eyesight. Contact us. 44: Rank of Georgia among 50 states in per capita spending on mental health services. Ridgeview Institute has been awarded the Joint Commissions Gold Seal of approval, which represents our dedication to ongoing quality of care, patient safety, and best practices. "My brother could be difficult, " she says. Wir entschuldigen uns fr die Umstnde. The essential elements of the cause of action for false imprisonment are a detention of the person of another for any length of time, and the unlawfulness of that detention. (Citation and punctuation omitted.) This rule, which had been applied in some of this Court's prior cases involving common law immunities, stems from the principle that [i]mmunities, unlike privileges, are not delegable and are available as a defense only to persons who have them (Punctuation omitted.) Ridgeview Institute. Krachman concedes that she was lawfully admitted to Ridgeview as a voluntary patient pursuant to OCGA 37-3-20(a), but contends that she was unlawfully detained after Ridgeview staff members failed to adhere to the discharge procedures in OCGA 37-3-22(a). In November 2004, her sixth-grade class from Lost Mountain Middle School planned to attend a Disney on Ice performance at Philips Arena in downtown Atlanta. For the next several hours, though, hospital employees showed no urgency in their assessments of Sarah's condition. Dean of Student Life John Stein, says his office takes student feedback into account when dealing with hospitals. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. We also conclude that material issues of fact exist as to Krachman's claim for false imprisonment against Ridgeview which must be submitted to a jury for determination. The admitting nurse claims that Handley refused to sign other forms presented to him acknowledging his right to retain counsel and his right to seek a protective order or habeas corpus relief as required by OCGA 37-3-44, but Handley claims he was never informed of these rights. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for release to the chief medical officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section 37-3-41, Code Section 37-3-61, or Code Section 37-3-81. Lamentamos pelo inconveniente. All rights reserved. Staff turnover is heavy, made worse by pay for many technicians of less than $20,000 a year. No calendar events were found for this docket. 890, 891-893(1), 426 S.E.2d 635 (1992) (Poss I ), overruled on other grounds, Ga. Dept. Dobson adored Sarah for all her complexities: artistic but troubled, challenging but comic. Scott Housing Systems v. Hickox, 174 Ga.App. The medical examiner found Sarah had developed a severe intestinal blockage that caused her colon to stretch almost to the point of bursting. At the same time, we must seek to effectuate the intent of the legislature. (Citations and punctuation omitted.) Ridgeview offers comprehensive outpatient therapy (counseling) services for children, adolescents, and adults at each of our locations. Had the General Assembly intended to include hospitals or mental health facilities within the ambit of the statute, it could have done so expressly. to let us know you're having trouble. ridgeview institute. Baggett v. Nat. Accordingly, the trial court erred in failing to grant Ridgeview's motion for summary judgment on Handley's negligence claims. Her lungs had filled with vomit. enviando un correo electrnico a She "frequently experienced hallucinations, talked or mumbled to herself, and was combative and uncooperative with directions and schoolwork, " a state report says. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Any time a student is transported or visits a hospital for any reason, we ask the student about their experience to continuously assess the quality of care our students are receiving, Stein said in a statement. To state a cause of action for negligence in Georgia, the following elements are essential: (1) A legal duty to conform to a standard of conduct raised by the law for the protection of others against unreasonable risks of harm; (2) a breach of this standard; (3) a legally attributable causal connection between the conduct and the resulting injury; and, (4) some loss or damage flowing to the plaintiff's legally protected interest as a result of the alleged breach of the legal duty. [Cit.
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