Cases

Williams v. Alvista Healthcare Ctr., Inc., 2007 Ga. App. LEXIS 137 (Ga. Ct. App. 2007)

Plaintiff appealed dismissal of their claims against a nursing home and four employees based on failure to comply with O.C.G.A. § 9-11-9.1, which requires the filing of an expert’s affidavit with complaints alleging malpractice. Defendant’s motion was not ruled on immediately and limited discovery was conducted. Seven months later, the motion was renewed. Two of the individual defendants remained unserved and the court dismissed them asserting laches. On appeal, Plaintiffs contended that O.C.G.A. § 9-11-9.1 did not apply because they asserted a claim for ordinary negligence, not professional negligence. The court agreed in part. An expert affidavit is required when the negligence complained of requires professional judgment. The complaint alleged a failure to properly administer medication and a Violation of the Bill of Rights for Residents of Long-Term Care Facilities, O.C.G.A. § 31-8-100 et seq., by failing to properly document complaints of chest pain. The court held that a failure to properly administer medication requires professional judgment and, thus should have been dismissed. However the trial court erred by dismissing claims based on nonprofessional, administrative aspects of documenting care. The court found no error in dismissing two unserved defendants where they remained unserved on March 24, 2005, more than 17 months after the statute of limitations expired.

Published by
David McGuffey

Recent Posts

2025 Spousal Impoverishment Standards

On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal…

3 days ago

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

2 weeks ago

Social Security Announces 2.5 Percent Benefit Increase for 2025

On October 10, 2024, the Social Security Administration announced that Americans will increase a 2.5…

1 month ago

Getting Organized

Many people think that estate planning is just having documents prepared. They have a lawyer…

1 month ago

Beneficiary who accepted inheritance under Will could not bring action for tortious interference

In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy…

2 months ago

Medicaid’s payment of medical bills does not bar recovery from negligent party

When an injured party sues someone who negligently injured him or her, one form of…

2 months ago