Dawkins v. Union Hospital District
408 S.C. 171
| S.C. | 2014Background
- Appellant sought emergency treatment at Union Hospital after acute headaches, dizziness, and balance loss; family warned staff of possible stroke.
- While admitted but before receiving treatment, Appellant was left unattended, prevented from having family accompany her, and fell while attempting to use the restroom, fracturing her foot.
- Appellant sued the Hospital alleging negligence in failing to supervise and protect her consistent with hospital policies.
- The Hospital moved to dismiss under Rule 12(b)(6), arguing the claim was medical malpractice and thus subject to South Carolina’s Notice of Intent and expert-affidavit prefiling requirements (S.C. Code § 15-79-125).
- The trial court agreed, dismissing with prejudice for failure to satisfy medical-malpractice prefiling rules; Appellant appealed to the Supreme Court of South Carolina.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim sounds in medical malpractice or ordinary negligence | Dawkins: claim is ordinary negligence/premises liability for lack of supervision while a business invitee | Hospital: duties (assessing fall risk, monitoring) require medical expertise so claim is medical malpractice | Court held ordinary negligence; prefiling medical-malpractice requirements do not apply |
Key Cases Cited
- Grimsley v. S.C. Law Enforcement Div., 396 S.C. 276 (2012) (standard of review for Rule 12(b)(6) dismissal)
- Linog v. Yampolsky, 376 S.C. 182 (2008) (expert testimony generally required in medical-malpractice actions unless within lay knowledge)
- David v. McLeod Regional Med. Ctr., 367 S.C. 242 (2006) (discussing need for expert proof of duty and breach in medical-malpractice cases)
- Kujawski v. Arbor View Health Care Ctr., 139 Wis.2d 455 (1987) (distinguishing professional medical care from routine/ministerial care for malpractice vs. ordinary negligence)
- Kastler v. Iowa Methodist Hosp., 193 N.W.2d 98 (Iowa 1971) (falls during routine/nonmedical care sound in ordinary negligence)
- Papa v. Brunswick Gen. Hosp., 132 A.D.2d 601 (N.Y. App. Div. 1987) (hospital staff owes ordinary care to prevent unnecessary harm independent of professional medical standards)