Earlier this month, the Georgia Supreme Court decided a case arising out of a slip-and-fall accident that occurred at a hospital. The case required the court to determine if the heightened requirements of a medical malpractice lawsuit applied to the plaintiff’s premises liability case. The court ultimately determined that the plaintiff’s case need not comply with the medical malpractice requirements because there was no connection between the alleged negligence and the hospital’s provision of medical services.
In the case, Reddic v. East Texas Medical Center Regional Health Care System, the plaintiff slipped and fell a few feet after entering the hospital. The plaintiff filed suit under a premises liability theory. In a pre-trial motion, the defendant asked the court to dismiss the case against them because the plaintiff did not comply with the medical malpractice procedural requirements. Specifically, the plaintiff did not file an expert report supporting her position.
The trial court denied the defendant’s motion, and the defendant appealed to the appellate court. The appellate court, finding a connection between the condition of the floor and the hospital’s business as a health care provider, reversed the trial court and granted the defendant’s motion.
The Georgia Supreme Court Reverses the Appellate Court in Favor of the Plaintiff
The Georgia Supreme Court agreed with the plaintiff, finding that, while some factors went in favor of applying the heightened requirements, there was no nexus between the alleged injury and the hospital’s provision of medical services. In sum, the court held that there must be more of a connection between the injury and the hospital’s business of providing medical services in order to apply the heightened requirements of a medical malpractice lawsuit. In the end, the plaintiff’s case can proceed to trial without having to comply with the additional requirements.
Premises Liability Cases in Georgia
Like the case above, premises liability cases are permitted in Georgia courts when someone is injured on another’s property. Depending on the location where the injury occurred, as well as the relationship between the parties, various standards apply. In some cases, landowners have an affirmative duty to warn visitors of all potential dangers. To learn more about premises liability law in Georgia, contact an experienced personal injury attorney.
Have You Been Injured in a Georgia Slip-and-Fall Accident?
If you or a loved one has recently been involved in any kind of Georgia slip-and-fall accident, you may be entitled to monetary compensation for the injuries you sustained. Keep in mind that even if the nature of your injuries and the defendant’s negligence seem obvious, those named in the lawsuit may still attempt to fight the case against them by any means possible. Therefore, it is advised that you consult with a dedicated Georgia personal injury attorney to discuss what your rights and remedies may be. With an attorney’s assistance, you may be eligible for compensation for past and future medical expenses, lost wages, and any pain and suffering you have endured. Call 770-284-3727 today to set up a free consultation.
See Related Blog Posts:
Georgia Woman Found Dead After Hit-and-Run, Marietta Personal Injury Lawyer Blog, November 4, 2015.
Eighth Circuit Circuit Court Finds Independent Intervening Cause As Defense to Liability, Marietta Personal Injury Lawyer Blog, October 21, 2015.