Clarkv.Northeast Georgia Medical Center, Inc.
Brenda Clark sued Northeast Georgia Medical Center and its health system after alleging that a hospital employee dropped her husband, Travis, while moving him between beds, causing injuries that led to his death. Her complaint alleged ordinary negligence and did not include an expert affidavit, and after the two-year malpractice limitation period ran she amended to add an alternative professional-negligence count supported by an affidavit. The trial court dismissed both complaints, reasoning that transferring a patient is an exercise of medical judgment and that the missing affidavit could not be cured after the limitation period expired. The Court of Appeals of Georgia held that the original complaint, read favorably to the plaintiff, stated an ordinary-negligence claim that did not require an expert affidavit, and that the later malpractice count related back to the timely original complaint. The court explained that a fall in a medical setting can result from a merely physical act of strength and dexterity rather than expert judgment, and noted that the complaint did not show whether the employee was even a professional covered by the affidavit statute. Because the amended claim arose from the same occurrence, it was not time-barred.
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