Does Georgia’s Medical Malpractice Rules Cover Medical Assistants?
One of the rules that plaintiffs must follow in Georgia medical malpractice cases is the so-called expert affidavit requirement. In most personal injury cases, you are free to sue a defendant whose actions allegedly harmed you. But if you accuse a doctor or hospital of professional negligence, state law requires you to first obtain and submit an affidavit signed by a qualified expert. This affidavit must explain what specific alleged act or acts by the defendants deviated from the accepted standard of care for their profession.
Court of Appeals Partially Reinstates Lawsuit Over Fall at Clinic
A Georgia court must dismiss a medical malpractice complaint without an expert affidavit. But an affidavit is not required when the plaintiff sues a defendant who allegedly engaged in ordinary (as opposed to professional) negligence. For example, the Georgia Court of Appeals recently held that no expert affidavit was required when suing a medical assistant whose alleged ordinary negligence injured a patient.
The case, Griffin v. The Emory Clinic Inc., involves a plaintiff who is wheelchair-bound. In 2020, the plaintiff visited the defendant clinic for a routine medical exam with her long-time physician. Prior to the exam, a medical assistant took the plaintiff to get weighed. The assistant asked the plaintiff to get out of his wheelchair without assistance and get onto the scales. Unfortunately, in the process of doing so the plaintiff fell and broke his right leg.
The plaintiff’s subsequent lawsuit argued the clinic and the medical assistant should have known, based on his medical condition, that he required assistance getting onto the scale. The plaintiff did not file any sort of expert affidavit with his lawsuit. This prompted the defendants to file a motion to dismiss.
The trial court granted the motion, holding the plaintiff’s claims were based on alleged “professional negligence,” and therefore the expert affidavit was required. The Court of Appeals, however, said no such affidavit was needed to proceed against the medical assistant. A medical assistant is not a licensed professional, at least as defined by Georgia’s medical malpractice laws.
That said, the Court of Appeals upheld the dismissal of claims against the clinic, at least so far as they alleged professional negligence, which did require an expert affidavit. But the appellate court said the plaintiff could potentially re-file additional claims against the clinic based on its possible vicarious liability for the negligent acts of its employee (the medical assistant).
Contact Hawkins Spizman Trial Lawyers Today
If you have been injured in any type of falling accident caused by someone else’s negligence, it is best to speak with an experienced Atlanta personal injury lawyer who can advise you on your options for seeking compensation. Contact Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
efast.gaappeals.us/download?filingId=609fd02a-8aa9-4b0e-9410-5c72e7085a9f