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Kimberly Giddensv.The Medical Center Of Central Georgia

CourtCourt of Appeals of Georgia
Docket No.A19A2439
DecidedFebruary 12, 2020
Reporter348 Ga. App. 199
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawMedical MalpracticeNegligenceSummary JudgmentReversalRemand
Case Summary

Kimberly Giddens suffered a brain infection and permanent neurological injuries after a craniotomy. She alleged that hospital personnel failed to follow an order for pre-operative antibiotics. The trial court granted the Medical Center summary judgment on professional and ordinary negligence claims, reasoning that the relevant nurse was not its employee and that antibiotic administration was the nurse anesthetist’s responsibility. The Georgia Court of Appeals affirmed summary judgment on ordinary negligence but reversed on professional negligence. It held that deciding whether the hospital’s personnel properly ensured pre-operative antibiotic administration involved professional medical judgment and presented a jury question concerning the hospital’s duty. The court distinguished a merely clerical failure from a claim concerning professional care and remanded the professional-negligence claim for further proceedings.

Opinion

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