Lamb v. Candler Gen. Hosp., Inc., 413 S.E.2d 720 (Ga. 1992). · Go Syfert
Lamb v. Candler Gen. Hosp., Inc., 413 S.E.2d 720 (Ga. 1992). Cases Citing This Book View Copy Cite
110 citation events (50 in the last 25 years) across 4 distinct courts.
Strongest positive: Willie Jean Thomas v. Tannis Alligood (gactapp, 2021-03-04)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (quoted) Willie Jean Thomas v. Tannis Alligood (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2021 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
it is well recognized that a hospital may be liable in ordinary negligence for furnishing defective equipment for use by physicians and surgeons in treating patients.
examined Cited as authority (quoted) Lowndes County Health Services, LLC v. Gregory Copeland (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a hospital owes to its patients only the duty of exercising ordinary care to furnish equipment and facilities reasonably suited to the uses intended and such as are in general use under the same, or similar, circumstances.
cited Cited as authority (rule) Houston Hospitals, Inc. v. Amanda Ann Reeves, as Next Kin of Alvin D. Blount, Jr.
Ga. Ct. App. · 2020 · confidence medium
Hosp., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992).
discussed Cited as authority (rule) Se. Pain Specialists, P.C. v. Brown
Ga. · 2018 · confidence medium
Hosp., Inc. , 262 Ga. 70 , 71 (1), 413 S.E.2d 720 (1992) (failure to properly replace disposable parts in ophthalmic instrument created issue of simple negligence for which no expert affidavit was required under OCGA § 9-11-9.1 (a) ); Dent , 270 Ga. at 318 , 509 S.E.2d 908 (instruction that required defense verdict if jury found no professional negligence was erroneous given evidence nurses failed to comply with doctor's orders and failed to ensure that crash cart was equipped for pediatric patients). "[M]edical malpractice exists only where the act or omission by a professional requires the …
discussed Cited as authority (rule) SOUTHEASTERN PAIN SPECIALISTS, P.C. v. BROWN (Three Cases) (2×)
Ga. · 2018 · confidence medium
Hosp., Inc., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992) (failure to properly replace disposable parts in ophthalmic instrument created issue of simple negligence for which no expert affidavit was required under OCGA § 9-11-9.1 (a)); Dent, 270 Ga. at 318 (instruction that 11 required defense verdict if jury found no professional negligence was erroneous given evidence nurses failed to comply with doctor’s orders and failed to ensure that crash cart was equipped for pediatric patients). “[M]edical malpractice exists only where the act or omission by a professional requires the exercise of e…
discussed Cited as authority (rule) Quick Rx Drugs, Inc. v. Bryant Roberts
Ga. Ct. App. · 2017 · confidence medium
Hosp., Inc., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992) (failure to replace disposable parts in medical instrument, as necessary for its safe operation, created issue of simple negligence by hospital employees).
discussed Cited as authority (rule) Carolyn Renee Byrom v. Douglas Hospital, Inc.
Ga. Ct. App. · 2016 · confidence medium
Hosp., Inc., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992) (claim arising from hospital’s use of wrong replacement parts in piece of medical equipment did not assert medical malpractice claim); see also Sood v. Smeigh, 259 Ga. App. 490, 494 (1) ( 578 SE2d 158 ) (2003) (assembly of prosthetic patella backwards constituted ordinary negligence and did not require submission of an expert affidavit) (physical precedent only).
discussed Cited as authority (rule) Byrom v. Douglas Hospital, Inc.
Ga. Ct. App. · 2016 · confidence medium
Hosp., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992) (claim arising from hospital’s use of wrong replacement parts in piece of medical equipment did not assert medical malpractice claim); see also Sood v. Smeigh, 259 Ga. App. 490, 494 (1) ( 578 SE2d 158 ) (2003) (assembly of prosthetic patella backward constituted ordinary negligence and did not require submission of an expert affidavit) (physical precedent only).
discussed Cited as authority (rule) Kwee Wong v. Mary L. Chappell
Ga. Ct. App. · 2015 · confidence medium
Hosp., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992), our Supreme Court held that “the failure to replace disposable parts in the instrument involved in [that] case, as required for its safe performance, create [d] an issue of simple negligence by hospital employees” because, unlike here, professional skill and judgment were not involved.
discussed Cited as authority (rule) Henley J. Ambrose v. Saint Joseph's Hospital of Atlanta, Inc. (2×)
Ga. Ct. App. · 2014 · confidence medium
Hosp., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992) (failure to replace disposable parts in instrument used in eye surgery created an issue of simple negligence by hospital employees for which hospital may be liable); compare Jones v. Bates, 261 Ga. 240, 242 (2) ( 403 SE2d 804 ) (1991) (decision to remove heat shield on a light would not involve medical judgment, but the decision to get more light to operating site may have).
discussed Cited as authority (rule) Ambrose v. Saint Joseph's Hospital of Atlanta, Inc. (2×)
Ga. Ct. App. · 2014 · confidence medium
Hosp., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992) (failure to replace disposable parts in instrument used in eye surgery created an issue of simple negligence by hospital employees for which hospital may be liable); compare Jones v. Bates, 261 Ga. 240, 242 (2) ( 403 SE2d 804 ) (1991) (decision to remove heat shield on a light would not involve medical judgment, but the decision to get more light to operating site may have).
discussed Cited as authority (rule) Canas v. Al-Jabi
Ga. Ct. App. · 2006 · confidence medium
Hosp., 262 Ga. 70, 72 (2) ( 413 SE2d 720 ) (1992) (a hospital is not “a professional,” and, therefore, a claim against a hospital is not one involving medical malpractice, subject to OCGA § 9-11-9.1); Upson County Hosp. v. Head, 246 Ga. App. 386, 389 (1) ( 540 SE2d 626 ) (2000) (a hospital is not “a professional,” and, therefore, a claim against a hospital is for medical malpractice, subject to OCGA § 9-11-9.1, only when liability is based upon respondeat superior and is grounded upon acts or omissions requiring the exercise of professional skill and judgment by agents or employees w…
cited Cited as authority (rule) MCG Health, Inc. v. Casey
Ga. Ct. App. · 2004 · confidence medium
Hosp., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992).
discussed Cited as authority (rule) Sood v. Smeigh
Ga. Ct. App. · 2003 · confidence medium
Hosp., 262 Ga. 70, 71-72 (1) ( 413 SE2d 720 ) (1992) (simple negligence of hospital when instruments were not used according to manufacturer’s instructions); Upson County Hosp. v. Head, supra at 389; Mendoza v. Pennington, supra at 300 (1); Legum v. Crouch, supra at 186.
cited Cited as authority (rule) Upson County Hospital, Inc. v. Head
Ga. Ct. App. · 2000 · confidence medium
Hosp., 262 Ga. 70, 72 (2) ( 413 SE2d 720 ) (1992); Dozier v. Clayton County Hosp.
cited Cited as authority (rule) Smith v. United States
D.S.C. · 2000 · confidence medium
Hosp., Inc., 262 Ga. 70 , 413 S.E.2d 720, 722 (1992); McGraw v. St.
cited Cited as authority (rule) Strickland v. Hospital Authority
Ga. Ct. App. · 1999 · confidence medium
Hosp., 262 Ga. 70, 71 ( 413 SE2d 720 ) (1992) (if the plaintiff cannot establish negligence and causation without expert testimony, the case is generally a professional malpractice action).
discussed Cited as authority (rule) Dent v. Memorial Hospital of Adel (2×)
Ga. · 1998 · confidence medium
Drawdy v. Dept. of Transp., 228 Ga.App. 338, 339 , 491 S.E.2d 521 (1997). "`If the alleged negligent act or omission of a hospital employee does not require the exercise of expert medical judgment, the fact that the employee also has expert medical credentials does not make the case one of "medical malpractice."'" Lamb v. Candler General Hosp., 262 Ga. 70, 71 (1), 413 S.E.2d 720 (1992).
cited Cited as authority (rule) Holloway v. Northside Hospital
Ga. Ct. App. · 1998 · confidence medium
Hosp., 262 Ga. 70, 71 ( 413 SE2d 720 ).
discussed Cited as authority (rule) Lane v. Tift County Hospital Authority (2×)
Ga. Ct. App. · 1997 · confidence medium
Hosp., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992); Moore v. Louis Smith Mem.
cited Cited as authority (rule) Bunn-Penn v. Southern Regional Medical Corp.
Ga. Ct. App. · 1997 · confidence medium
Hosp., 262 Ga. 70, 71 ( 413 SE2d 720 ) (1992).
discussed Cited as authority (rule) Robinson v. Medical Center of Cent. Georgia (2×)
Ga. Ct. App. · 1995 · confidence medium
Hosp., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992).
cited Cited as authority (rule) Deal v. Handson
Ga. Ct. App. · 1993 · confidence medium
Hosp., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992); Dozier v. Clayton County Hosp.
examined Cited as authority (rule) Legum v. Crouch (3×)
Ga. Ct. App. · 1993 · confidence medium
Hosp., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ), it was held that where professional skill and judgment are not involved, an affidavit under OCGA § 9-11-9.1 is not necessary.
discussed Cited as authority (rule) HCA Health Services of Georgia, Inc. v. Hampshire (2×)
Ga. Ct. App. · 1992 · confidence medium
Hosp., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992).
examined Cited as authority (rule) Dozier v. Clayton County Hospital Authority (3×)
Ga. Ct. App. · 1992 · confidence medium
Hosp., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ), it was held that where professional skill and judgment are not involved, an affidavit under OCGA § 9-11-9.1 is not necessary.
discussed Cited "see" Zephaniah v. Georgia Clinic, P.C. (2×)
Ga. Ct. App. · 2019 · signal: accord · confidence high
Assocs., Inc. v. Bazemore , 286 Ga. App. 285 , 286, 648 S.E.2d 749 (2007) ; see OCGA § 9-11-9.1 (a) ("In any action for damages alleging professional malpractice ... the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim."). 9 Bazemore , 286 Ga. App. at 286 , 648 S.E.2d 749 ; accord MCG Health, Inc. v. Casey , 269 Ga. App. 125 , 127, 603 S.E.2d 438 (2004). 10 Bazemore , 286 Ga. App. at 286 , 648 S.E.2…
discussed Cited "see" Ference v. V.I. Family Sports & Fitness Center, Inc.
virginislands · 2004 · signal: see · confidence high
See Lamb v. Candler General Hosp., 262 Ga. 70 (1991) (patient’s claim that hospital employees supplied incorrect parts for equipment used to dissolve cataracts in plaintiffs eye, resulting in equipment malfunction, causing eye injury to plaintiff, stated issue of simple negligence not involving professional skill or judgment, and accordingly, medical malpractice statute did not govern claim); Harts v. CaylorNickel Hosp., Inc., 553 N.E.2d 874 (1990) (patient’s claim for injuries sustained as result of hospital’s negligent maintenance of premises could be evaluated based on the common know…
discussed Cited "see, e.g." EDWARD F. STRINGER, IV v. JONATHAN A. SEAY (2×)
Ga. Ct. App. · 2022 · signal: compare · confidence medium
Compare Lamb v. Candler General Hosp., Inc., 262 Ga. 70, 71 (1) ( 413 SE2d 720 ) (1992) (recognizing that a hospital’s failure to furnish medical equipment and facilities sounds in simple negligence); Roberts, 343 Ga. App. at 561 (1) (claim concerning pharmacy cashier handing over prescription drugs to the wrong patient raises simple negligence claim).
Retrieving the full opinion text from the archive…
LAMB Et Al.
v.
CANDLER GENERAL HOSPITAL, INC.
S91G1432.
Supreme Court of Georgia.
Feb 27, 1992.
413 S.E.2d 720
1992 Ga. LEXIS 199
Jones, Boykin & Associates, John W. Jones, Noble L. Boykin, Jr., for appellants., Frank W. Seiler, Bouhan, Williams & Levy, Roy E. Paul, Peter D. Muller, for appellee.
Bell, Benham, Clarke, Fletcher, Hunt, Weltner.
Cited by 47 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: bottom 90%
Citer courts: Court of Appeals of Georgia (2) · Supreme Court of Georgia (1)
Hunt, Justice.

We granted certiorari to the Court of Appeals to consider the applicability to Lamb’s complaint of OCGA § 9-11-9.1 (a), requiring an affidavit in professional malpractice cases. The Court of Appeals reversed the trial court’s denial of the hospital’s motion to dismiss for failing to file an adequate affidavit. Candler Gen. Hosp. v. Lamb, 200 Ga. App. 314 (408 SE2d 416) (1991). We reverse.

Plaintiff Lamb filed a tort suit against the defendant appellee, Candler General Hospital, claiming she was injured when hospital employees negligently used disposable replacement parts made by defendant Staar Surgical Company, instead of those made by defendant CooperVision, in a CooperVision instrument used to dissolve cataracts, despite the manufacturer’s warnings that only CooperVision disposable parts should be used. The complaint alleges the Staar parts failed, causing the instrument’s irrigation system to malfunction and overheat, which resulted in injuries to Lamb’s eye. Attached to the complaint was an affidavit from a professional engineer, a vice-president of CooperVision, stating that injury may result from the interruption of the fluid flow to the eye during surgery if the wrong parts are used.

The hospital moved to dismiss because Lamb failed to attach an affidavit from a doctor, as required in professional malpractice cases by OCGA § 9-11-9.1. [1] The trial court found that such an affidavit was not necessary because the case did not involve medical malpractice.

The Court of Appeals held that because medical evidence is required to establish Lamb’s injuries, the case involved medical mal[*71] practice: “If Plaintiff cannot establish negligence and causation without expert testimony, the case is generally a professional malpractice action within the meaning of OCGA § 9-11-9.1.” The court concluded the professional engineer’s affidavit was inadequate to satisfy the statute. [2]

1. It is well recognized that a hospital may be liable in ordinary negligence for furnishing defective equipment for use by physicians and surgeons in treating patients. As was said in Emory Univ. v. Porter, 103 Ga. App. 752, 755 (120 SE2d 668) (1961):

A hospital owes to its patients only the duty of exercising ordinary care to furnish equipment and facilities reasonably suited to the uses intended and such as are in general use under the same, or similar, circumstances. . . . [Emphasis supplied.]

Accord Candler Gen. Hosp. v. McNorrill, 182 Ga. App. 107, 109 (354 SE2d 872) (1987); Reed v. Adventist Health Systems/Sunbelt, 181 Ga. App. 750, 752-753 (353 SE2d 523) (1987); Smith v. Hosp. Auth. of Terrell County, 161 Ga. App. 657 (1) (288 SE2d 715) (1982). See generally Anno., 14 ALR3d 1254 (1967). Thus, the breach of a duty requiring ordinary care, albeit in a medical context, is not medical malpractice, for “[m]edical malpractice exists only where the act or omission by [a] professional requires the exercise of expert medical judgment.” Jones v. Bates, 261 Ga. 240, 242 (403 SE2d 804) (1991).

In Candler Gen. Hosp. v. McNorrill, supra, 182 Ga. App. at 109-110, the Court of Appeals made clear:

simply because an alleged injury occurs in a hospital setting, a suit to recover for that injury is not necessarily a “medical malpractice” action. ... If the alleged negligent act or omission of a hospital employee does not require the exercise of expert medical judgment, the fact that the employee also has expert medical credentials does not make the case one of “medical malpractice.”

Accord Porter v. Patterson, 107 Ga. App. 64 (129 SE2d 70) (1962).

Here, the failure to replace disposable parts in the instrument involved in this case, as required for its safe performance, creates an issue of simple negligence by hospital employees for which the hospital may be liable. Because professional skill and judgment are not involved, an affidavit under OCGA § 9-11-9.1 is not necessary. Jones v. [*72] Bates, supra, 261 Ga. at 242.

Decided February 27, 1992 Reconsideration denied March 19, 1992. Jones, Boykin & Associates, John W. Jones, Noble L. Boykin, Jr., for appellants. Frank W. Seiler, Bouhan, Williams & Levy, Roy E. Paul, Peter D. Muller, for appellee.

2. Furthermore, in Gillis v. Goodgame, 262 Ga. 117 (414 SE2d 197) (1992), we held “that the affidavit requirements of § 9-11-9.1 apply only to those professions recognized under Georgia law in OCGA §§ 14-7-2 (2); 14-10-2 (2) and 43-1-24.” Id. at p. 118. Insofar as Lamb’s complaint alleges negligence against the hospital for supplying defective equipment for use in treating its patients, the case is not one against a “professional” or involving “professional malpractice.” [3] Therefore, OCGA § 9-11-9.1 is inapplicable and no affidavit is required. Gillis v. Goodgame, supra at p. 118.

Judgment reversed.

Clarke, C. J., Weltner, P. J., Bell, Benham and Fletcher, JJ., concur.
1

OCGA § 9-11-9.1 (a) provides:

In any action for damages alleging professional malpractice, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.
2

Because we are holding that the affidavit was not necessary in this case, we express no opinion on the adequacy of the affidavit presented.

3

Since the pleadings, at the least, included a claim involving ordinary negligence, it is not subject to dismissal for lack of an affidavit. This ruling would not prevent the hospital from proving at trial that only medical malpractice is involved.