Okelley v. Atlanta Heart Associates, P.C.
316 Ga. App. 218
| Ga. Ct. App. | 2012Background
- OKelley, patient of Atlanta Heart Associates, underwent treadmill stress test at its offices.
- A technician (named Jane Doe) controlled the treadmill and allegedly ignored OKelley’s requests to slow or stop.
- OKelley collapsed, sustaining injuries including a fractured nose, and sued for various negligent acts.
- OKelley alleged the practice failed to institute safe procedures, failed to train staff, and Atlanta Heart Associates was vicariously liable.
- OKelley argues the case sounds in ordinary negligence; the trial court dismissed for failure to file an OCGA § 9-11-9.1 affidavit for medical negligence.
- The trial court's decision was mixed: dismissal for medical-negligence claims; denial for ordinary-negligence claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 9-11-9.1 applies to all claims | OKelley contends the claims are ordinary negligence, not medical malpractice. | Atlanta Heart asserts some claims are medical negligence requiring an affidavit. | Partial: standard applies to medical claims; ordinary-negligence claims survive |
| Whether the complaint states medical negligence or ordinary negligence | At least some acts involve ordinary negligence (warning ignored, fall risk). | Many allegations concern professional decisions and medical judgment. | Court cannot conclusively distinguish at this stage; supports claims sounding in ordinary negligence to survive |
| Affirmation or reversal of the dismissal based on negligence type | If any claims are ordinary negligence, dismissal should not apply to those claims. | Medical-negligence elements require affidavit; failure to file warrants dismissal. | Affirmed in part and reversed in part |
Key Cases Cited
- Kerr v. OB/GYN Assoc. &c., 314 Ga. App. 40 (Ga. App. 2012) (defines 9-11-9.1 applicability and basis for medical negligence analysis)
- Health Mgmt. Assoc. v. Bazemore, 286 Ga. App. 285 (Ga. App. 2007) (limits 9-11-9.1 to medical-negligence claims as appropriate)
- Jones v. Bates, 261 Ga. 240 (Ga. 1991) (fact-specific inquiry into whether claim is medical malpractice)
- MCG Health v. Casey, 269 Ga. App. 125 (Ga. App. 2004) (administrative/clerical acts vs. professional negligence framework)