Grady Memorial Hospital Corporation v. Hayes
341 Ga. App. 455
| Ga. Ct. App. | 2017Background
- Hayes underwent ventral hernia surgery at Grady on March 5, 2013 and required a subsequent postoperative surgery at Grady to repair an alleged bowel puncture from the first operation.
- Hayes originally sued Grady two years later (First Suit) for negligence and breach of contract; Grady moved to dismiss the negligence claim for lack of an expert affidavit and Hayes voluntarily dismissed the First Suit without prejudice.
- Hayes filed a Renewal Suit asserting substantially the same negligence and breach of contract claims but again did not attach an expert affidavit.
- The trial court dismissed Hayes's negligence claim for failure to attach the required expert affidavit but declined to dismiss the breach of contract claim; Grady obtained interlocutory review of that denial.
- Hayes alleged Grady had a contractual duty to provide reasonable care and claimed the surgery was performed by a different doctor than the one he agreed to have, but he did not attach or plead the terms of any contract between him and Grady.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hayes sufficiently pleaded a breach of contract against Grady | Hayes asserted an implied contract for proper performance and that the agreed surgeon did not perform the surgery | Grady argued Hayes failed to plead any contract or its terms between Hayes and Grady, so the claim must be dismissed | Court held dismissal was required: complaint failed to allege existence/terms of any contract between Hayes and Grady |
| Whether appellee preserved review of negligence dismissal | Hayes sought to add an expert affidavit in trial court after dismissal | Grady noted Hayes did not file a cross-appeal to preserve review | Court found Hayes’s failure to cross-appeal foreclosed review of the negligence dismissal |
Key Cases Cited
- Dove v. Ty Cobb Healthcare System, Inc., 316 Ga. App. 7 (discussing de novo review of dismissals for failure to state a claim)
- Weathers v. Dieniahmar Music, LLC, 337 Ga. App. 816 (explaining required elements and certainty for pleading a breach of contract)
- Brady v. Elevator Specialists, Inc., 287 Ga. App. 304 (cross-appeal required to preserve challenge to an adverse ruling)