Padgett v. Baxley & Appling County Hospital Authority
321 Ga. App. 66
| Ga. Ct. App. | 2013Background
- Padgett's mother Walls, an Alzheimer's patient, died a week after a fall in a nursing home shower chair; Walls became a patient at Appling Nursing and Rehabilitation Pavilion in March 2006.
- Padgett sued for Walls' pain and suffering, wrongful death, and other claims based on professional negligence, ordinary negligence, breach of contract, and right-to-care rights under OCGA § 31-8-100 et seq.
- Nursing home moved for summary judgment; trial court granted on professional negligence, breach of contract, and statutory duties, but denied or unclear on ordinary negligence.
- Affidavits from Dr. Jones (internal medicine) and Nurse Smith supported professional negligence claims but lacked attached certified medical records; affidavits did not meet OCGA § 9-11-9.1 requirements and relied on records not attached.
- Padgett submitted Ellen Lewis, RN, as additional support alleging care fell below standard, but the trial court found Lewis’ reliance on non-attached records insufficient.
- The court ultimately affirmed on professional negligence, breach of contract, and statutory claims, but reversed as to ordinary negligence, holding CNA’s actions could be ordinary negligence and that CNA is not a “professional” for § 9-11-9.1 purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether expert evidence bars summary judgment on professional negligence | Padgett's affidavits show specific negligence by staff. | Nursing home lacks competent expert basis; records not attached; affidavits insufficient. | Summary judgment upheld for professional negligence. |
| Whether ordinary negligence survives against the CNA | CNA's unattended shower, improper chair, and lack of supervision constitute ordinary negligence. | Actions involved professional judgment; not ordinary negligence as a matter of law. | Genuine issue of material fact; ordinary negligence claim survives. |
| Whether breach of contract and statutory duty claim under OCGA § 31-8-100 et seq. survives | Nursing home failed to provide care/liberal rights as required by statute and implied contract. | Record lacks evidence of statutory breach and regulatory violation. | Summary judgment affirmed for these claims. |
| Whether the Bill of Rights for Residents of Long-term Care Facilities supports damages | Rights violation supports damages under the statute. | Claim does not support damages for professional negligence. | Rejected; statutory claim fails. |
Key Cases Cited
- Hailey v. Blalock, 209 Ga. App. 345 (1993) (certified records required for expert opinion; hearsay rule relevance)
- Meli v. Hicks, 300 Ga. App. 894 (2009) (summary judgment where movant shows lack of genuine issue of fact)
- Razete v. Preferred Research, 197 Ga. App. 69 (1990) (negligence not necessarily professional malpractice without proof of standard procedures)
- Kerr v. OB/GYN Assoc. of Savannah, 314 Ga. App. 40 (2012) (jury can determine due care without expert for nonprofessional acts)
- Williams v. Alvista Healthcare Center, 283 Ga. App. 613 (2007) (statutory duty analysis; nonprofessional aspects considered)
- Associated Health Systems v. Jones, 185 Ga. App. 798 (1988) (standard of care in nursing homes; statutory obligation to exercise reasonable care and skill)
- Moore v. Louis Smith Mem. Hosp., 216 Ga. App. 299 (1995) (distinguishes professional vs ordinary negligence in healthcare)
- Sembler Atlanta Dev. I v. URS/Dames & Moore, 268 Ga. App. 7 (2004) (affidavit requirements apply to professionals listed in statute)
- Upson County Hosp. v. Head, 246 Ga. App. 386 (2000) (differences between professionals and nonprofessionals for expert testimony)