Jason Graham v. Wellstar Health System, Inc.
338 Ga. App. 178
| Ga. Ct. App. | 2016Background
- Decedent Justin Graham died from progressive liver failure after being arrested for DUI; this appeal follows prior appellate proceedings (see Graham v. Cobb County).
- Graham’s family (plaintiffs) amended their complaint to assert: simple negligence (against Dr. Clarence Hendrix and Wellstar administrator David Howell), professional negligence (against Dr. Hendrix), respondeat superior negligence and negligence per se (against Wellstar), wrongful death, and pain and suffering.
- Wellstar and Howell moved for summary judgment; the trial court granted summary judgment to Wellstar and Howell on the negligence and wrongful death claims (order Feb. 16, 2015; clarified Feb. 23, 2015).
- Plaintiffs argued Wellstar violated statutes requiring detainees access to medical care and that defendants breached professional standards in monitoring and treating Graham (failure to recognize severity, monitor vitals/labs, document care, and timely transfer after Code Blue events).
- The appellate court reviewed (1) whether negligence per se claims under cited statutes applied to Wellstar, (2) whether the claims were ordinary or professional negligence, (3) sufficiency of expert affidavits, and (4) whether wrongful death claims survived summary judgment tied to negligence rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Negligence per se under OCGA statutes | Wellstar’s contract created a statutory duty to provide needed medical care and thus is liable per se for mismanagement | Either plaintiffs failed to plead violations of the specific statutes or the statute invoked (OCGA § 42-5-2(a)) only creates access-to-care duty, not standard of proper medical care | Court: Plaintiffs did not plead violations of some cited statutes; § 42-5-2(a) grants access-to-care only, and because access was provided, negligence per se claim against Wellstar fails |
| Nature of claim: ordinary negligence vs professional negligence | Graham characterized claims as ordinary negligence | Defendants argued claims required professional judgment and thus are professional negligence | Court: Claims substantively required exercise of professional skill/judgment → professional negligence governs |
| Sufficiency of expert affidavits to support professional negligence | Plaintiffs relied on expert affidavits alleging supervisory, monitoring, documentation, and response failures implicating Wellstar and administrator Howell | Defendants argued the affidavits were insufficient to state specific breaches for professional negligence | Court: Affidavits (Drs. Kaufmann, Griffis, and nurse Washington) identified specific duties and breaches and met OCGA § 9-11-9.1(a)(3) — summary judgment for Wellstar/Howell on professional negligence was in error |
| Wrongful death tied to dismissed negligence claims | Plaintiffs contended wrongful death claims derive from negligence claims that should survive | Defendants argued wrongful death fails if negligence claims fail | Court: Because negligence claims against Wellstar/Howell should not have been dismissed, wrongful death claims against them likewise should not have been dismissed |
Key Cases Cited
- Graham v. Cobb County, 316 Ga. App. 738 (prior appeal addressing operative facts)
- Epps v. Gwinnett County, 231 Ga. App. 664 (1998) (statute creating access to medical care does not define proper medical care standard)
- Grady Gen. Hosp. v. King, 288 Ga. App. 101 (2007) (court decides whether claim is ordinary negligence or malpractice by substance)
- Burke v. Paul, 289 Ga. App. 826 (2008) (same rule on characterization of claims)
- Piedmont Hosp. v. D. M., 335 Ga. App. 442 (2015) (alleged negligence requiring professional skill is professional negligence)