Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

James v. Hospital Auth. of the City of Bainbridge

Medical malpractice action dismissed for failure to file an expert affidavit as required by O.C.G.A. § 9-11-9.1.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Bobby L. James appeals from the trial court’s order dismissing his complaint against the Hospital Authority of the City of Bainbridge d/b/a/ Memorial Hospital and Manor “Memorial Hospital” and Frederick Brown Lutz, M. D. based on his failure to timely file an expert affidavit in support of his professional malpractice claims. See OCGA § 9-11-9.1 a. James contends the trial court erred because he alleged claims for simple negligence which fall outside the requirements of OCGA § 9-11-9.1 a. He also contends that the trial court erred in failing to abide by an automatic bankruptcy stay. For the following reasons, we affirm. On November 27, 2001, James presented at the Memorial Hospital emergency room with complaints of abdominal pain, abdominal cramps, and constipation. James was treated by Dr. Lutz, who diagnosed him with diverticulitis, prescribed a medication, and then discharged him. On November 29, 2001, James returned to Memorial Hospital where he underwent emergency surgery for a gangrenous perforated appendix and an intra-abdominal abscess. Thereafter, James was transferred to another hospital where he was treated for acute renal failure secondary to his perforated appendix and abdominal sepsis.

On November 25, 2003, James filed his complaint, alleging that Dr. Lutz and Memorial Hospital “negligently failed to evaluate and treat him on November 27, 2001,” and that their “mis-diagnosis” caused him to suffer certain injuries and damages. James specifically alleged that his injuries “were caused by Defendants’ failure to properly evaluate him, failure to properly diagnose his condition, and failure to properly treat him.”

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
The National Law Journal Legal Awards 2024
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
New Jersey Legal Awards 2024
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Go to Events Go to Webcasts
TAX ATTORNEY - NEW YORK

Experienced tax attorney to assist growing corporate practice. Candidate should have a minimum of 7 years' experience in corporate and par...


Apply Now ›
Estate and Probate Law Attorney

Are you someone whose talents are being underutilized? We value, recognize and support our hardworking, dedicated team members. Do you want ...


Apply Now ›
General Counsel

Children's Hospital Association (CHA) seeks an engaging, collaborative, and dynamic executive to serve as its inaugural General Counsel (GC)...


Apply Now ›
Go to Lawjobs