Henderson v. Gandy

To maintain a legally sufficient claim under the Georgia Fair Business Practices Act against a health care provider, a plaintiff must allege that an entrepreneurial or business aspect of the provision of services aside from medical competence is implicated.

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We granted certiorari to the Court of Appeals in Henderson v. Gandy , 270 Ga. App. 827 608 SE2d 248 2004, to consider whether Georgia’s Fair Business Practices Act of 1975, OCGA § 10-1-390, et seq. “FBPA”, the statutory scheme which protects consumers from unfair or deceptive trade practices, applies to a physician in connection with the provision of medical services. Under the circumstances of this case, we hold that plaintiffs failed to state a claim under the FBPA, and we affirm the judgment of the Court of Appeals, but for different reasons. Appellant Claire M. Henderson’s husband, Dr. Herbert Henderson, was admitted by appellee Dr. Winston Gandy, Jr., to Saint Joseph’s Hospital for emergency cardiac by-pass surgery. During Dr. Henderson’s post-operative convalescence at Saint Joseph’s Hospital, he developed a sacral decubitus ulcer pressure bed sore, which later became necrotic and ultimately resulted in his death several months later.1 Ms. Henderson filed a medical malpractice action, both individually and as the representative of her husband’s estate, naming Dr. Gandy, his professional corporation, Atlanta Cardiology Group, P.C. collectively “Dr. Gandy”, and Saint Joseph’s Hospital of Atlanta as defendants.

It was revealed during discovery that when Dr. Gandy identified the pressure ulcer, he ordered that the patient be treated by hospital nurses who specialize in wound ostomy care. It was also disclosed that these nurses noted in the patient’s record that their continuing treatment of Dr. Henderson “was conducted pursuant to Dr. Gandy’s verbal or telephone orders,” when in fact, “Dr. Gandy did not verbally order the specific treatment noted after his initial consultation with the nurses,” Henderson , supra at 828 2. Discovery also revealed that it was the policy of Atlanta Cardiology to allow the ostomy nurses to use their discretion in managing the wound treatment of Atlanta Cardiology’s patients.

Henderson v. Gandy

To maintain a legally sufficient claim under the Georgia Fair Business Practices Act against a health care provider, a plaintiff must allege that an entrepreneurial or business aspect of the provision of services aside from medical competence is implicated.

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