Deal v. Handson
Docket: A93A1607, A93A1608
Court: Court of Appeals of Georgia; September 23, 1993; Georgia; State Appellate Court
Victor and Charlena Handson filed a medical malpractice lawsuit against HCA Health Services of Georgia, operating Northlake Regional Medical Center, and Dr. Eric Deal, an osteopathic physician, for failing to diagnose and treat bacterial meningitis in their infant daughter, leading to her death. The Handsons claimed that the hospital was liable under the doctrine of respondeat superior. The trial court denied motions to dismiss the case based on insufficient affidavit claims under OCGA § 9-11-9.1. The court's decisions were reviewed on interlocutory appeal. Dr. Norman Johnson's affidavit, submitted by the Handsons, described his qualifications as an allopathic physician but did not establish necessary overlap in expertise with Dr. Deal, which is required to prove malpractice across different medical schools. The court emphasized that only the contents of the affidavit could be considered for the motion to dismiss, excluding other evidentiary matters. The affidavit indicated that Dr. Deal and HCA staff failed to perform essential diagnostic procedures and provide appropriate treatment, but it lacked evidence showing a professional overlap necessary to support the malpractice claims against Dr. Deal. Thus, the affidavit was deemed insufficient to establish grounds for the malpractice claim regarding Dr. Deal's actions. The hospital is entitled to contest liability for Dr. Deal's alleged malpractice under the doctrine of respondeat superior due to the inadequacy of the affidavit concerning Dr. Deal. Consequently, the court does not need to address the remaining claims of error. The judgment is reversed, with concurrence from Judges Pope and Birdsong. Additionally, there are no claims of simple negligence against the hospital that could proceed without the necessary affidavit, supported by precedent cases such as Lamb v. Candler Gen. Hosp. and Dozier v. Clayton County Hosp. Auth.