Pattman v. Mann
307 Ga. App. 413
| Ga. Ct. App. | 2010Background
- Willie Pattman, admitted for gastrointestinal bleeding at BJC Medical Center on Aug. 8, 2003, and died Aug. 9, 2003.
- Surviving spouse filed wrongful death alleging hospital employees failed to timely obtain/administer transfusion per treating physician’s orders.
- Trial court granted summary judgment, holding claims sounded in professional negligence requiring OCGA § 9-11-9.1 affidavit.
- Pattman amended to plead ordinary negligence for failure to timely comply with orders for plasma, vitamin K, and red blood cells.
- Evidence showed blood had to be cross-mmatched and obtained from Red Cross; transfusion occurred after blood arrived but prior pick-up was mishandled.
- Court analyzed whether alleged delay was professional malpractice or ordinary negligence and whether causation was established.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim sounds in ordinary negligence or professional malpractice | Pattman argues hospital actions were ordinary negligence (administrative delay). | Appellees contend tasks involved professional medical judgment. | Claim sounds in professional negligence; not ordinary negligence. |
| Whether Pattman provided admissible expert testimony to prove causation | expert testimony supports causal link between delay and death. | no admissible medical testimony showing causation; expert excluded or lacking support. | No triable causation; summary judgment proper. |
| whether a lab/administrative failure to notify ICU constitutes ordinary negligence | failure to notify was a simple administrative act. | blood treatment decisions involve medical judgment; not a simple phone call. | It involves professional medical judgment; not ordinary negligence. |
| Whether Pattman can rely on common knowledge to prove proximate causation | proximate causation within common knowledge. | proximate causation requires expert medical testimony. | Medical question requiring expert testimony; not proven. |
Key Cases Cited
- Walls v. Sumter Regional Hosp., 292 Ga.App. 865 (2008) (professional vs ordinary negligence framework)
- Rooks v. Tenet Healthsystem GB, 292 Ga.App. 477 (2008) (summary judgment standard; de novo review)
- Lau's Corp. v. Haskins, 261 Ga. 491 (1991) (affidavit requirements and professional malpractice standard)
- Baskette v. Atlanta Center for Reproductive Medicine, 285 Ga.App. 876 (2007) (professional negligence vs ordinary negligence; expert testimony standards)
- Upson County Hosp. v. Head, 246 Ga.App. 386 (2000) (administrative acts vs professional duties analysis)
- Wellstar Health System v. Painter, 288 Ga.App. 659 (2007) (expert testimony on medical causation standard)
- R.J. Taylor Mem. Hosp. v. Gilbert, 213 Ga.App. 104 (1994) (medical causation proximate cause requires expert testimony)