Last month, the Georgia Court of Appeals issued a written opinion in a medical malpractice case that was brought by a man who developed a stage IV sacral ulcer (bed sore) while under the care of the defendant health care provider. Ultimately, the court dismissed the plaintiff’s complaint because the expert affidavit that is required to be filed with medical malpractice actions was lacking in specificity.
The Facts of the Case
The plaintiff was admitted to the defendant health care provider while he was unconscious. During his stay, he developed a stage IV sacral ulcer, which he claimed was caused by the negligence of the provider’s staff. The plaintiff filed a lawsuit against the health care provider, alleging that the hospital “had failed to properly assess and treat the ulcer and had failed to appropriately advocate for his care while he was unconscious.”
In support of his claim, the plaintiff submitted the affidavit of a nurse. The affidavit – which is required in all medical malpractice cases – stated that, in the nurse’s opinion, the hospital was negligent because it failed to “properly assess and treat [the plaintiff’s] wounds; and appropriately advocate for an unconscious patient to ensure that said patient received the monitoring and treatment required.”