Brown v. Tift County Hosp. Auth. d/b/a Tift Reg'l Med. Ctr.

Appellant Gussie Brown brought the present action against appellee Ansley Tillman1 seeking to recover damages for injuries that she allegedly sustained after falling in the hospital shower while under Tillman’s care. Brown appeals from the trial court’s grant of summary judgment to Tillman based upon her failure to attach an expert affidavit pursuant to OCGA § 9-11-9.1. We affirm to the extent that Brown’s complaint can be construed as alleging claims of professional malpractice. However, as explained below, we reverse to the extent that Brown’s complaint can be construed as asserting a claim for ordinary negligence. We note at the outset that a failure to comply with the pleading requirements of OCGA § 9-11-9.1 would not authorize the grant of summary judgment. However, we will address the merits for this appeal as if the trial court had dismissed Brown’s complaint rather than granted summary judgment in Tillman’s favor. Emphasis in original; citations and punctuation omitted. Hodo v. General Hospitals of Humana , 211 Ga. App. 6, 8 2 438 SE2d 378 1993. Taking as true the allegations in her complaint,2 Brown was admitted into Tift Regional Medical Center on February 19, 2003 after having suffered a stroke. Brown’s risk of falling was well-documented in her hospital records, and a sign on her door warned that she was prone to fall. Her medical records also indicated that she needed maximum assistance when bathing and significant assistance when being moved.

On February 25, 2003, Tillman, a licensed occupational therapist, approached Brown and instructed her to bathe. Over Brown’s objection, Tillman assisted her out of her bed into a wheelchair and then into a shower chair in an adjoining bathroom. Brown alleges that Tillman instructed her to stand in the shower while her lower body was bathed. While she was standing, Brown asserts that she twice told Tillman that she was slipping and needed help, but alleges that rather than assist her, Tillman left the bathroom in order to retrieve her bathrobe. While Brown was left unattended, she fell and broke her leg.