Mercier, Chief Judge. Maxine Ferguson, individually and as administrator of the estate of her husband, Barrington A. Ferguson, Sr., filed a pro se medical malpractice action against Kennestone Hospital, Inc. Kennestone filed a motion to dismiss, or, in the alternative, a motion for summary judgment, pointing to Maxine’s failure to include a professional affidavit to support her lawsuit and Barrington’s consent to the medical procedure at issue. The trial court granted the motion. Maxine filed this pro se appeal, arguing that the trial court erred by dismissing the negligence, promissory estoppel and pain and suffering claims, and by granting summary judgment on the battery claim. Furthermore, Maxine argues that the trial court erred by “ruling on [Kennestone's] Supplemental Motion less than 30 days after it was filed without giving [her] notice and an opportunity to be heard.” For the reasons that follow we affirm the trial court on the grant of the motion to dismiss, but we reverse its grant of summary judgment on the battery claim. We review de novo a trial court’s ruling on both a motion to dismiss for failure to state a claim and a motion for summary judgment. See Estate of Shannon v. Ahmed, 304 Ga. App. 380, 380 (696 SE2d 408) (2010); Ham v. Ham, 257 Ga. App. 415, 416 (571 SE2d 441) (2002). We review the pleadings in the light most favorable to the plaintiff with any doubts resolved in her favor. Estate of Shannon, 304 Ga. App. at 380. So viewed, the pleadings show that, on November 5, 2017, Barrington was taken to Kennestone via ambulance due to a severe injury to one of his toes, that required the toe to be amputated. Over the following days, “hospital staff changed his antibiotic from Vancomycin to Cefepime,” and Barrington subsequently experienced a rapid decline in his condition. His family complained to a nurse, but he remained on the medicine. On November 13, 2017, Kennestone called Maxine to inform her that Barrington was verbally nonresponsive, and, shortly thereafter, he became comatose and was moved to the intensive care unit. Maxine “questioned staff as to why [Barrington] was still being treated with Cefepime [but] [n]o one ever gave [Maxine] any clear response.” The following day a physician called Maxine and told her that he was going to treat Barrington “with dialysis, which would remove all of the medication from [Barrington's] body. . . . [D]ue to [Barrington's] condition [the doctor] had been studying how to reverse the effects of Cefepime toxicity and [the doctor] was confident that this would be the best course of action.” Following 24 hours of dialysis, Barrington “awoke from his coma” and was transferred out of the ICU. On November 16, 2017, Barrington was “in excruciating pain” and “begged for pain relief.” A nurse told Maxine that Barrington would be taken for more dialysis, but, later that evening, Barrington was taken back to the ICU because it was determined that he was too weak for dialysis. Maxine learned that Barrington was “being treated with an anticonvulsant medication called Keppra; [Barrington] had never suffered from seizures.” She again questioned “why this medication was given [but] there was no explanation offered by nurses.” On November 20, 2017, Barrington was transferred out of the ICU, but he was “so weak that he could barely speak.” On November 23, 2017, “the family decided to request that the hospital stop the use of Keppra – - despite doctor’s opposition.” Further, Maxine was later reprimanded by a physician “for ceasing the use of Keppra. [But Maxine] adamantly explained that regardless of what he said, there would be no more use of Keppra on [Barrington]“ On November 24, 2017, Keppra was discontinued, and Barrington’s condition improved. Barrington’s feeding tube was removed on November 27, 2017. “That day, a physician explained to [Maxine and Barrington] that he recommended two more days of treatment with antibiotic before being released from the hospital. [Maxine] requested to transfer her husband to another hospital, but the doctor assured [Maxine] that if he stayed just two more days for antibiotic treatment, he could go home.” Barrington expressed that he wanted to leave the hospital. At that time the doctor walked [Maxine] out the door . . . and adjured [Maxine] to allow her husband to stay for two additional days, that he would see to it that [Barrington] was only given antibiotic and that he would be discharged on . . . November 29, 2017. [Maxine] agreed under the condition that her [sic] only be given antibiotics — the doctor promised that would be the case and that [Barrington] would be released on . . . November 29, 2017.
