Last month, an appellate court in Georgia issued a written opinion in a case brought against a hospital involving allegations that the hospital was negligent in allowing the plaintiff to develop a stage IV bed sore. Ultimately, however, the court rejected the plaintiff’s case because the required expert affidavit that was filed along with the case failed to comply with state-law requirements.
The Facts of the Case
The plaintiff was admitted to the defendant hospital while he was unconscious. While he was being treated by the hospital, he developed a stage IV pressure ulcer near the base of his back. The plaintiff filed a personal injury lawsuit against the hospital, claiming that the hospital staff was negligent in failing to assess and treat the pressure ulcer and to properly care for him while he was unconscious.
As is the case in Maryland, under Georgia state law, medical malpractice plaintiffs must submit an affidavit in support of their claim. Essentially, the affidavit must come from a medical profession in a relevant field, and it must “set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.”