Upson County Hospital, Inc. v. Head

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• claims for professional negligence dismissed for failure to file an expert affidavit pursuant to OCGA § 9-11-9.1 (f) but claims for ordinary negligence survived
• claims sound in ordinary negligence when stated against hospital based on the acts or omissions of (1) employees who were not medical professionals and (2) medical professionals who were not exercising medical judgment
• “We have previously held that a nurse’s failure to activate an alarm, as a doctor ordered, was ordinary negligence. Likewise, claims that employees failed to carry out instructions, and that hospitals failed to have appropriate equipment alleged ordinary negligence.”
• “[T]o the extent that [plaintiff’s] allegation asserts a claim against the hospital based upon the negligent act of a professional using his professional judgment and skill, then [plaintiff’s] failure to file [an OCGA § 9-11-9.1] expert affidavit is fatal to her claim.”

Source: CourtListener parenthetical corpus (CC0).