Ambrose v. Saint Joseph's Hospital of Atlanta, Inc.
325 Ga. App. 557
| Ga. Ct. App. | 2014Background
- Ambrose sued St. Joseph’s Hospital for burns from a microscope during November 2010 spinal surgery.
- The Pentero microscope provided by the hospital emitted UV light causing Ambrose’s burns and ongoing pain.
- Ambrose alleged the hospital breached ordinary care by providing unsafe equipment, not adequately updating software, and failing to warn the surgeon.
- The trial court dismissed for failure to file an expert affidavit under OCGA § 9-11-9.1, treating the claim as medical malpractice.
- The court of appeals reviews de novo whether the complaint alleges ordinary negligence or professional malpractice.
- The court ultimately held the claim sounds in ordinary negligence and the 9-11-9.1 affidavit requirement does not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the dismissal was proper for lack of an expert affidavit | Ambrose's claims are ordinary negligence. | Hospital argues it is professional malpractice requiring an affidavit. | Dismissal improper; claim is ordinary negligence. |
| Whether the case is against a professional under OCGA § 9-11-9.1 | Allegations involve hospital equipment, not a professional's conduct. | Case framed as professional malpractice against hospital. | OCGA § 9-11-9.1 inapplicable; no affidavit required. |
Key Cases Cited
- OKelley v. Atlanta Heart Assoc., 316 Ga. App. 218 (2012) (medical affidavit not required for ordinary negligence)
- Lamb v. Candler Gen. Hosp., 262 Ga. 70 (1992) (failure to replace parts in instrument = simple negligence by hospital staff)
- MCG Health v. Casey, 269 Ga. App. 125 (2004) (distinguishes professional negligence from simple negligence)
- Jones v. Bates, 261 Ga. 240 (1991) (some hospital decisions may not involve medical judgment)
- Candler Gen. Hosp. v. McNorrill, 182 Ga. App. 107 (1987) (injury in hospital setting does not always equate to malpractice)