CARTER v. CORNWELL Et Al.
338 Ga. App. 662
| Ga. Ct. App. | 2016Background
- Carter was treated by Dr. William Cornwell for chronic pain; Cornwell prescribed hydrocodone and altered the prescription quantity from 120 to 180 pills before Carter left his office.
- Carter dropped the prescription at Walgreens; a Walgreens employee suspected the prescription had been altered and called TCFPA, where the on‑call physician answered but did not contact Cornwell to verify the alteration.
- When Carter returned to pick up the medication she was arrested for altering a prescription to obtain a controlled substance.
- Carter sued Cornwell and his practice (TCFPA) for negligence; defendants moved to dismiss for failure to attach an expert affidavit as required for professional malpractice claims under OCGA § 9‑11‑9.1.
- The trial court dismissed the complaint; Carter appealed, arguing her claims sounded in simple negligence (no expert affidavit required).
- The Court of Appeals reviewed whether the allegations against Cornwell and TCFPA implicated professional medical judgment (requiring an expert affidavit) or simple negligence (no affidavit required).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Carter's claim that Cornwell altered the prescription quantity sounds in simple negligence or professional malpractice (expert affidavit required)? | Carter: changing quantity was a non‑professional, clerical act and thus simple negligence. | Cornwell: altering quantity involves prescribing controlled substances and is a professional medical judgment requiring an expert affidavit. | Held: Professional malpractice — expert affidavit required; dismissal as to Cornwell affirmed. |
| Whether TCFPA’s alleged failure to verify the prescription or have on‑call procedures sounds in simple negligence or professional malpractice (expert affidavit required)? | Carter: TCFPA’s failure to exercise ordinary care in handling on‑call responsibilities is simple negligence not requiring an expert affidavit. | TCFPA: conduct related to handling prescriptions by medical staff implicates professional standard. | Held: Simple negligence — no expert affidavit required; dismissal as to TCFPA reversed. |
Key Cases Cited
- James v. Hosp. Auth. of City of Bainbridge, 278 Ga. App. 657 (court determines whether conduct involves medical judgment vs. simple negligence)
- Upson County Hosp., Inc. v. Head, 246 Ga. App. 386 (administrative/clerical acts are ordinary negligence; malpractice involves professional decision‑making)
- Dent v. Mem. Hosp. of Adel, 270 Ga. 316 (writing prescriptions for controlled substances involves professional medical judgment)
- MCG Health, Inc. v. Casey, 269 Ga. App. 125 (distinguishing simple negligence from professional malpractice in medical settings)
- Atlanta Women’s Health Group v. Clemons, 287 Ga. App. 426 (substance of action determines malpractice vs. simple negligence)
- Kerr v. OB/GYN Associates of Savannah, 314 Ga. App. 40 (medical assistant’s conduct held ordinary negligence where no professional judgment was implicated)
- OKelley v. Atlanta Heart Assoc., P. C., 316 Ga. App. 218 (similar distinction between malpractice and simple negligence in healthcare contexts)