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Annie L. Zephaniahv.Georgia Clinic, P.C.

CourtCourt of Appeals of Georgia
Docket No.A19A0694
DecidedJune 11, 2019
Reporter316 Ga. App. 7
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceMedical MalpracticeCivil ProcedureStatutory InterpretationReversal
Case Summary

Annie Zephaniah sued Georgia Clinic after alleging that a clinic technician drew blood from her arm without permission and injured her. She filed the action without counsel and did not attach the expert affidavit ordinarily required in a professional-malpractice case. The trial court dismissed the complaint, treating it as a malpractice claim against a licensed health-care facility. The Court of Appeals reversed. It held that the affidavit requirement applies when the claim concerns the professional judgment or skill of a listed licensed professional, but the complaint identified the person who performed the blood draw as a technician, a category not included in the statute. The court also held that the complaint’s allegations of intentional misconduct supplied an independent reason the affidavit requirement did not require dismissal. Because Georgia uses notice pleading and pro se pleadings receive a forgiving construction, the allegations could not be dismissed at the pleading stage. The case returned to the trial court for further proceedings.

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