professional negligence claim in Georgia

2014Hospitals of Humana v. Bentley, 184 Ga. App. 489, 489-491 ( 361 SE2d 718 ) (1987) (claim against hospital for negligent failure to supervise 72-year-old patient as he exited bathtub was a professional negligence claim requiring expert testimony as to standard of care, even though patient fell three days after hernia repair surgery, because the “medical condition of the patient was the determinative factor as to the degree of supervision the patient was accorded by the hospital staff,” requiring the exercise of medical judgment.

2014Hospitals of Humana v. Bentley, 184 Ga. App. 489, 489-491 ( 361 SE2d 718 ) (1987) (claim against hospital for negligent failure to supervise 72-year-old patient as he exited bathtub was a professional negligence claim requiring expert testimony as to standard of care, even though patient fell three days after hernia repair surgery, because the “medical condition of the patient was the determinative factor as to the degree of supervision the patient was accorded by the hospital staff,” requiring the exercise of medical judgment.

2013See Labovitz v. Hophinson, 271 Ga. 330, 336-337 (3) ( 519 SE2d 672 ) (1999) (OCGA § 9-11-9.1 does not apply to claims grounded on a professional’s intentional acts, and, therefore, such complaints are not required to be accompanied by an expert affidavit.); Smith v. Morris, Manning & Martin, 264 Ga. App. 24, 26 ( 589 SE2d 840 ) (2003) (Because OCGA § 9-11-9.1 does not apply to claims based on a professional’s alleged intentional conduct, an expert affidavit is not required for a fraud claim, even if it is “strikingly similar” to a professional negligence claim.).

2013See Labovitz v. Hophinson, 271 Ga. 330, 336-337 (3) ( 519 SE2d 672 ) (1999) (OCGA § 9-11-9.1 does not apply to claims grounded on a professional’s intentional acts, and, therefore, such complaints are not required to be accompanied by an expert affidavit.); Smith v. Morris, Manning & Martin, 264 Ga. App. 24, 26 ( 589 SE2d 840 ) (2003) (Because OCGA § 9-11-9.1 does not apply to claims based on a professional’s alleged intentional conduct, an expert affidavit is not required for a fraud claim, even if it is “strikingly similar” to a professional negligence claim.).

2012To maintain a claim for professional negligence, “a plaintiff must prove the following elements: (1) a legal duty to conform to a standard of conduct; (2) a breach of this duty; (3) a causal connection between the conduct and the resulting injury; and (4) damage to the plaintiff.” (Punctuation and footnote omitted.) Pattman v. Mann, 307 Ga. App. 413, 417 ( 701 SE2d 232 ) (2010).

2012To maintain a claim for professional negligence, “a plaintiff must prove the following elements: (1) a legal duty to conform to a standard of conduct; (2) a breach of this duty; (3) a causal connection between the conduct and the resulting injury; and (4) damage to the plaintiff.” (Punctuation and footnote omitted.) Pattman v. Mann, 307 Ga. App. 413, 417 ( 701 SE2d 232 ) (2010).

2009See Liu, 294 Ga. App. at 226 (1) (concluding that physician’s alleged failure to warn of the dangers associated with pain medication prescriptions presented an issue of professional negligence); MCG Health, 269 Ga. App. at 128 (concluding that physician’s alleged failure to warn patient of the risk of using titanium plates and screws not approved by the FDA presented a professional negligence claim). *10 Decided November 13, 2009.

2005See MCG Health v. Casey, 269 Ga. App. at 128 (a professional negligence claim calls into question the conduct of the professional in his area of expertise and requires the exercise of professional judgment and skill; administrative, clerical, or routine acts demanding no special expertise fall in the realm of simple negligence).

2013See Labovitz v. Hophinson, 271 Ga. 330, 336-337 (3) ( 519 SE2d 672 ) (1999) (OCGA § 9-11-9.1 does not apply to claims grounded on a professional’s intentional acts, and, therefore, such complaints are not required to be accompanied by an expert affidavit.); Smith v. Morris, Manning & Martin, 264 Ga. App. 24, 26 ( 589 SE2d 840 ) (2003) (Because OCGA § 9-11-9.1 does not apply to claims based on a professional’s alleged intentional conduct, an expert affidavit is not required for a fraud claim, even if it is “strikingly similar” to a professional negligence claim.).

2013See Labovitz v. Hophinson, 271 Ga. 330, 336-337 (3) ( 519 SE2d 672 ) (1999) (OCGA § 9-11-9.1 does not apply to claims grounded on a professional’s intentional acts, and, therefore, such complaints are not required to be accompanied by an expert affidavit.); Smith v. Morris, Manning & Martin, 264 Ga. App. 24, 26 ( 589 SE2d 840 ) (2003) (Because OCGA § 9-11-9.1 does not apply to claims based on a professional’s alleged intentional conduct, an expert affidavit is not required for a fraud claim, even if it is “strikingly similar” to a professional negligence claim.).

2025See Mosera, 306 Ga. App. at 231 (2) (plaintiff failed to present evidence that the allegedly contradictory terms and poorly drafted sections of settlement documents that he executed were the proximate cause of any damages he sustained, as necessary to withstand grant of summary judgment on his legal malpractice claim against attorneys and law firm that negotiated the settlement). 2.

2024McGhee claimed that Publix was “negligent in failing to question [McGhee] about known allergies, nor do any investigation of any kind regarding allergies, before dispensing the prescription.” See e. g., Sparks, 200 Ga. App. 135 , 136 9 (1) ( 407 SE2d 105 ) (1991) (“Where a vendor of drugs or medicines is a licensed pharmacist and is sued on the basis of allegations that he negligently dispensed the wrong drug in filling a medical prescription, the claim against him clearly is for medical malpractice”).

2024McGhee claimed that Publix was “negligent in failing to question [McGhee] about known allergies, nor do any investigation of any kind regarding allergies, before dispensing the prescription.” See e. g., Sparks, 200 Ga. App. 135 , 136 9 (1) ( 407 SE2d 105 ) (1991) (“Where a vendor of drugs or medicines is a licensed pharmacist and is sued on the basis of allegations that he negligently dispensed the wrong drug in filling a medical prescription, the claim against him clearly is for medical malpractice”).

2022Administrative, clerical, or routine acts demanding no special expertise fall in the realm of simple negligence.” (Citations and punctuation omitted.) Ambrose v. Saint Joseph’s Hosp. of Atlanta, Inc., 325 Ga. App. 557, 559 (1) ( 754 SE2d 135 ) (2014).

2022Administrative, clerical, or routine acts demanding no special expertise fall in the realm of simple negligence.” (Citations and punctuation omitted.) Ambrose v. Saint Joseph’s Hosp. of Atlanta, Inc., 325 Ga. App. 557, 559 (1) ( 754 SE2d 135 ) (2014).

2019See also Shuler v. Hicks, Massey & Gardner , 280 Ga. App. 738 , 741 (1), 634 S.E.2d 786 (2006) (no expert affidavit required under OCGA § 9-11-9.1 where plaintiff alleges fraud claim grounded in intentional misconduct, even if the claim otherwise shares factual similarities with a professional negligence claim). *644 For these reasons, the trial court erred in dismissing Williams's fraud claims for failure to file an OCGA § 9-11-9.1 expert affidavit.

2019See also Shuler v. Hicks, Massey & Gardner , 280 Ga. App. 738 , 741 (1), 634 S.E.2d 786 (2006) (no expert affidavit required under OCGA § 9-11-9.1 where plaintiff alleges fraud claim grounded in intentional misconduct, even if the claim otherwise shares factual similarities with a professional negligence claim). *644 For these reasons, the trial court erred in dismissing Williams's fraud claims for failure to file an OCGA § 9-11-9.1 expert affidavit.

2015See Giles v. Swimmer, 290 Ga. 650, 651-652 (1) ( 725 SE2d 220 ) (2012). 2 For ease of reference, we will refer to all three HIV blood tests collectively as the “HIV tests.” 3 The trial court, however, noted that if it was reversed on appeal, the professional negligence claim would be reinstated and that it would become necessary to address the issue of equitable estoppel. 4 By letter dated December 18, 2014, D.

2015See Giles v. Swimmer, 290 Ga. 650, 651-652 (1) ( 725 SE2d 220 ) (2012). 2 For ease of reference, we will refer to all three HIV blood tests collectively as the “HIV tests.” 3 The trial court, however, noted that if it was reversed on appeal, the professional negligence claim would be reinstated and that it would become necessary to address the issue of equitable estoppel. 4 By letter dated December 18, 2014, D.

2015And the court exacerbated that error by instructing the jury that the professional negligence standard applied to all of Wong’s claims. ‘When an error in the charge of the court is shown to exist, it is presumed to be prejudicial and harmful, and this court will so hold unless it appears from the entire record that the error is harmless.” Graham v. Fallick, 322 Ga. App. 525, 528-529 ( 745 SE2d 747 ) (2013) (citation and punctuation omitted).

2015And the court exacerbated that error by instructing the jury that the professional negligence standard applied to all of Wong’s claims. ‘When an error in the charge of the court is shown to exist, it is presumed to be prejudicial and harmful, and this court will so hold unless it appears from the entire record that the error is harmless.” Graham v. Fallick, 322 Ga. App. 525, 528-529 ( 745 SE2d 747 ) (2013) (citation and punctuation omitted).

2009See Liu, 294 Ga. App. at 226 (1) (concluding that physician’s alleged failure to warn of the dangers associated with pain medication prescriptions presented an issue of professional negligence); MCG Health, 269 Ga. App. at 128 (concluding that physician’s alleged failure to warn patient of the risk of using titanium plates and screws not approved by the FDA presented a professional negligence claim). *10 Decided November 13, 2009.

2008See, e.g., Wright v. Robinson, 262 Ga. 844 ( 426 SE2d 870 ) (1993). 6 The professional negligence claim against defendant Kitchens remains pending.

2008See, e.g., Wright v. Robinson, 262 Ga. 844 ( 426 SE2d 870 ) (1993). 6 The professional negligence claim against defendant Kitchens remains pending.

1996The plaintiff must prove that a professional breached the duty "to exercise a reasonable degree of skill and care, as determined by the degree of skill and care ordinarily employed [by other professionals] under similar conditions and like surrounding circumstances. [Cits.]" (Emphasis omitted.) Allen v. Lefkoff, etc., P.C., 265 Ga. 374, 375 (2) (a), 453 S.E.2d 719 (1995).

1996The plaintiff must prove that a professional breached the duty "to exercise a reasonable degree of skill and care, as determined by the degree of skill and care ordinarily employed [by other professionals] under similar conditions and like surrounding circumstances. [Cits.]" (Emphasis omitted.) Allen v. Lefkoff, etc., P.C., 265 Ga. 374, 375 (2) (a), 453 S.E.2d 719 (1995).

1996A professional negligence claim depends upon "the existence or absence of allegations that the defendant-professional has rendered negligent professional services." Jordan, Jones & Goulding, Inc. v. Wilson, 197 Ga.App. 354, 355 (1), 398 S.E.2d 385 (1990).

1996A professional negligence claim depends upon "the existence or absence of allegations that the defendant-professional has rendered negligent professional services." Jordan, Jones & Goulding, Inc. v. Wilson, 197 Ga.App. 354, 355 (1), 398 S.E.2d 385 (1990).