Complaint: Shepherd v. Wellstar Health System, Inc., et al
STATE COURT OF COBB COUNTY
STATE OF GEORGIA
Skyla Shepherd,
Plaintiff,
— versus —
Grant Taylor, MD,
Wellstar Medical Group, LLC,
Charles Sykes, MD,
Quantum Radiology, PC,
Raja Shekhar R. Sappati-Biyyani, MD,
Gastrointestinal Specialists of Georgia, PC,
Jose Andujar, MD,
Quatina Rivers-Fleming, NP,
Arif A. Aziz, MD,
Jeffrey L. Kim, MD,
Joseph Redcross, II, DO,
Barbara Tanner-Torres, NP,
Kennestone Hospital, Inc.,
Wellstar Health System, Inc.,
and
John/Jane Doe 1-10,
Defendants
CIVIL ACTION
FILE NO. ___________
JURY TRIAL DEMANDED
PLAINTIFF’S COMPLAINT FOR DAMAGES
Refiled Action
1. This case is refiled pursuant to OCGA 9-2-61[1] and OCGA 9-11-41.[2]
2. This case was originally filed in Fulton County State Court, on March 3, 2022.
3. On March 4, 2022, Plaintiff filed a voluntary notice of dismissal without prejudice.
4. Plaintiff has paid all costs in the Fulton County State Court action. See Exhibit 1 (affidavit of Pamela Lee, with attachment) and Exhibit 2 (affidavit of Sarah Cooper).
Nature of the Action
5. This medical malpractice action arises out of medical services negligently rendered on Skyla Shepherd from March 3, 2020 through April 8, 2020.
6. Plaintiff asserts: (i) a claim of professional malpractice by Dr. Taylor, Dr. Sykes, Dr. Sappati-Biyyani, Dr. Andujar, Ms. Rivers-Fleming, Dr. Aziz, Dr. Kim, Dr. Redcross, and Ms. Tanner-Torres; (ii) a claim of vicarious liability by Wellstar Medical Group, LLC, Quantum Radiology, PC, and Gastrointestinal Specialists of Georgia, PC; (iii) a claim of civil battery by Dr. Taylor; and (iv) a claim of “ordinary” negligence in the administration of the healthcare practices by Wellstar Medical Group, LLC, Quantum Radiology, PC, Gastrointestinal Specialists of Georgia, PC, Kennestone Hospital, Inc., and Wellstar Health System, Inc..
7. Plaintiff demands a jury trial on all issues.
8. Pursuant to OCGA § 9-11-9.1, the Affidavits of Peter Mowschenson, MD, and Robert Freed, MD, are attached hereto as Exhibits 3-4 respectively.
9. This Complaint incorporates the opinions and factual allegations contained in the attached affidavits, but Plaintiff stipulates that the Defendants need not answer the statements contained in exhibits to this Complaint.
10. As used in this Complaint, the phrase “standard of care” means that degree of care and skill ordinarily employed by the medical profession generally under similar conditions and like circumstances as pertained to the Defendants’ actions under discussion.
Notes
Matter that Requires No Response from Defendants
Plaintiff stipulates that:
· Defendants need not respond to statements that are not made in numbered paragraphs, except where a numbered averment explicitly incorporates accompanying matter that is not in a numbered paragraph.
· Defendants need not respond to statements in footnotes.
· Defendants need not respond to citations to Bates-stamped pages of records or to graphics or screenshots that accompany allegations. Those are included to make it easy to respond to the allegations, but are not part of the allegations.
· Defendants need not respond to anything contained in the exhibits or attachments.
Extra Time to Respond
This complaint gives unusually detailed notice of the basis of the claims. The purpose is to narrow the disputes at the outset, and thereby to simplify discovery and trial. However, because this complaint is so detailed, Plaintiff will agree to any reasonable request for extra time to file an answer.
Plaintiff
11. Plaintiff SKYLA SHEPHERD is a citizen and resident of Georgia.
12. Plaintiff’s legal name is Skyla Shepherd. Plaintiff’s legal name from the period March 3, 2020 to April 8, 2020 was Skyla Britt.
13. The medical records in this case refer to Plaintiff as Skyla Britt. Therefore, to avoid confusion, this Complaint refers to Plaintiff as Skyla Britt.
Defendants, Jurisdiction, and Venue[3]
14. GRANT TAYLOR, MD is a Georgia resident. He resides at 2429 Ellard Terrace SE, Smyrna, GA 30080, in Cobb County.
15. Dr. Taylor is subject to the personal jurisdiction of this Court.
16. Dr. Taylor is subject to the subject matter jurisdiction of this Court in this case.
17. Pursuant to OCGA § 9-10-31, Dr. Taylor is subject to venue in this Court because one of his co-defendants is directly subject to venue here.
18. Dr. Taylor has been properly served with this Complaint.
19. Dr. Taylor has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
20. At all times relevant to this Complaint, Dr. Taylor acted as an employee or other agent of Wellstar Medical Group, LLC.
21. WELLSTAR MEDICAL GROUP, LLC (“WMG”) is a Georgia limited liability company. Registered Agent: Leo E. Reichert. Physical Address: 793 Sawyer Road, Marietta, GA 30062 (Cobb County). Principal Office Address: 793 Sawyer Road, Marietta, GA 30062 (Cobb County).
22. WMG is subject to the personal jurisdiction of this Court.
23. WMG is subject to the subject matter jurisdiction of this Court in this case.
24. WMG is subject to venue in this Court because one of its co-defendants is directly subject to venue here.
25. WMG has been properly served with this Complaint.
26. WMG has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
27. At all times relevant to this Complaint, WMG was the employer or other principal of Defendants Dr. Taylor, Dr. Andujar, Ms. Rivers-Fleming, Dr. Redcross, and Ms. Tanner-Torres. If another entity was the employer or other principal during those times, that entity is hereby on notice that, but for a mistake concerning the identity of the proper party, this action would have been brought against that entity.
28. CHARLES SYKES, MD is a Georgia resident. He resides at 320 South Esplanade, Alpharetta, GA 30009, in Fulton County.
29. Dr. Sykes is subject to the personal jurisdiction of this Court.
30. Dr. Sykes is subject to the subject matter jurisdiction of this Court in this case.
31. Dr. Sykes is directly subject to venue in Fulton County.
32. Dr. Sykes has been properly served with this Complaint.
33. Dr. Sykes has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
34. At all times relevant to this Complaint, Dr. Sykes acted as an employee or other agent of Quantum Radiology, PC.
35. QUANTUM RADIOLOGY PC (“QR”) is a Georgia professional corporation. Registered Agent: G. Eric Brown. Physical Address: 790 Church St Ste 400, Marietta, GA 30060 (Cobb County). Principal Office Address: 790 Church St Ste 400, Marietta, GA 30060 (Cobb County).
36. QR is subject to the personal jurisdiction of this Court.
37. QR is subject to the subject matter jurisdiction of this Court in this case.
38. QR is subject to venue in this Court because one of its co-defendants is directly subject to venue here.
39. QR has been properly served with this Complaint.
40. QR has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
41. At all times relevant to this Complaint, QR was the employer or other principal of Defendant Dr. Sykes. If another entity was the employer or other principal during those times, that entity is hereby on notice that, but for a mistake concerning the identity of the proper party, this action would have been brought against that entity.
42. RAJA SHEKHAR R. SAPPATI-BIYYANI, MD is a Georgia resident. He resides at 2791 Stone Hall Dr., Marietta, GA 30062, in Cobb County.
43. Dr. Sappati-Biyyani is subject to the personal jurisdiction of this Court.
44. Dr. Sappati-Biyyani is subject to the subject matter jurisdiction of this Court in this case.
45. Pursuant to OCGA § 9-10-31, Dr. Sappati-Biyyani is subject to venue in this Court because one of his co-defendants is directly subject to venue here.
46. Dr. Sappati-Biyyani has been properly served with this Complaint.
47. Dr. Sappati-Biyyani has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
48. At all times relevant to this Complaint, Dr. Sappati-Biyyani acted as an employee or other agent of Gastrointestinal Specialists of Georgia, PC.
49. GASTROINTESTINAL SPECIALISTS OF GEORGIA, PC (“GSG”) is a Georgia professional corporation. Registered Agent: Anuj P. Manocha, MD. Physical Address: 711 Canton Road, Suite 300, Marietta, GA, 30060 (Cobb County). Principal Office Address: 711 Canton Road, Suite 300, Marietta, GA, 30060 (Cobb County).
50. GSG is subject to the personal jurisdiction of this Court.
51. GSG is subject to the subject matter jurisdiction of this Court in this case.
52. GSG is subject to venue in this Court because one of its co-defendants is directly subject to venue here.
53. GSG has been properly served with this Complaint.
54. GSG has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
55. At all times relevant to this Complaint, GSG was the employer or other principal of Defendants Dr. Sappati-Biyyani, Dr. Aziz, and Dr. Kim. If another entity was the employer or other principal during those times, that entity is hereby on notice that, but for a mistake concerning the identity of the proper party, this action would have been brought against that entity.
56. JOSE ANDUJAR, MD is a Georgia resident. He resides at 403 Keeler Woods Dr. Marietta, GA 30064, in Cobb County.
57. Dr. Andujar is subject to the personal jurisdiction of this Court.
58. Dr. Andujar is subject to the subject matter jurisdiction of this Court in this case.
59. Pursuant to OCGA § 9-10-31, Dr. Andujar is subject to venue in this Court because one of his co-defendants is directly subject to venue here.
60. Dr. Andujar has been properly served with this Complaint.
61. Dr. Andujar has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
62. At all times relevant to this Complaint, Dr. Andujar acted as an employee or other agent of Wellstar Medical Group, LLC.
63. QUATINA RIVERS-FLEMING, NP is a Georgia resident. She resides at 46 Rippling Stream Trce, Dallas, GA 30132, in Paulding County.
64. Ms. Rivers-Fleming is subject to the personal jurisdiction of this Court.
65. Ms. Rivers-Fleming is subject to the subject matter jurisdiction of this Court in this case.
66. Pursuant to OCGA § 9-10-31, Ms. Rivers-Fleming is subject to venue in this Court because one of her co-defendants is directly subject to venue here.
67. Ms. Rivers-Fleming has been properly served with this Complaint.
68. Ms. Rivers-Fleming has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
69. At all times relevant to this Complaint, Ms. Rivers-Fleming acted as an employee or other agent of Wellstar Medical Group, LLC.
70. ARIF AZIZ, MD is a Georgia resident. He resides at 1242 E Piedmont Rd, Marietta, GA 30062, in Cobb County.
71. Dr. Aziz is subject to the personal jurisdiction of this Court.
72. Dr. Aziz is subject to the subject matter jurisdiction of this Court in this case.
73. Pursuant to OCGA § 9-10-31, Dr. Aziz is subject to venue in this Court because one of his co-defendants is directly subject to venue here.
74. Dr. Aziz has been properly served with this Complaint.
75. Dr. Aziz has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
76. At all times relevant to this Complaint, Dr. Aziz acted as an employee or other agent of Gastrointestinal Specialists of Georgia, PC.
77. JEFFREY L. KIM, MD is a Georgia resident. He resides at 4805 Bellingham Dr., Marietta, GA 30062, in Cobb County.
78. Dr. Kim is subject to the personal jurisdiction of this Court.
79. Dr. Kim is subject to the subject matter jurisdiction of this Court in this case.
80. Pursuant to OCGA § 9-10-31, Dr. Kim is subject to venue in this Court because one of his co-defendants is directly subject to venue here.
81. Dr. Kim has been properly served with this Complaint.
82. Dr. Kim has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
83. At all times relevant to this Complaint, Dr. Kim acted as an employee or other agent of Gastrointestinal Specialists of Georgia, PC.
84. JOSEPH REDCROSS II, DO is a Georgia resident. He resides at 3008 Canton View Walk, Marietta, GA 30068, in Cobb County.
85. Dr. Redcross is subject to the personal jurisdiction of this Court.
86. Dr. Redcross is subject to the subject matter jurisdiction of this Court in this case.
87. Pursuant to OCGA § 9-10-31, Dr. Redcross is subject to venue in this Court because one of his co-defendants is directly subject to venue here.
88. Dr. Redcross has been properly served with this Complaint.
89. Dr. Redcross has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
90. At all times relevant to this Complaint, Dr. Redcross acted as an employee or other agent of Wellstar Medical Group, LLC.
91. BARBARA TANNER-TORRES, NP is a Georgia resident. She resides at 3830 Jamaica Drive, Jonesboro, GA 30236, in Henry County.
92. Ms. Tanner-Torres is subject to the personal jurisdiction of this Court.
93. Ms. Tanner-Torres is subject to the subject matter jurisdiction of this Court in this case.
94. Pursuant to OCGA § 9-10-31, Ms. Tanner-Torres is subject to venue in this Court because one of her co-defendants is directly subject to venue here.
95. Ms. Tanner-Torres has been properly served with this Complaint.
96. Ms. Tanner-Torres has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
97. At all times relevant to this Complaint, Ms. Tanner-Torres acted as an employee or other agent of Wellstar Medical Group, LLC.
98. KENNESTONE HOSPITAL, INC. (“KH”) is a Georgia nonprofit corporation. Registered Agent: Leo E. Reichert. Physical Address: 793 Sawyer Road, Marietta, GA 30062 (Cobb County). Principal Office Address: 793 Sawyer Road, Marietta, GA 30062 (Cobb County).
99. KH is subject to the personal jurisdiction of this Court.
100. KH is subject to the subject matter jurisdiction of this Court in this case.
101. KH is subject to venue in this Court because one of its co-defendants is directly subject to venue here.
102. KH has been properly served with this Complaint.
103. KH has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
104. At all times relevant to this Complaint, KH owned and operated Wellstar Kennestone Hospital, located at 677 Church Street NE, Marietta, GA 30060, in Cobb County.
105. WELLSTAR HEALTH SYSTEM, INC. (“WHS”) is a Georgia nonprofit corporation. Registered Agent: Leo E. Reichert. Physical Address: 793 Sawyer Road, Marietta, GA 30062 (Cobb County). Principal Office Address: 793 Sawyer Road, Marietta, GA 30062 (Cobb County).
106. WHS is subject to the personal jurisdiction of this Court.
107. WHS is subject to the subject matter jurisdiction of this Court in this case.
108. WHS is subject to venue in this Court because one of its co-defendants is directly subject to venue here.
109. WHS has been properly served with this Complaint.
110. WHS has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
111. At all times relevant to this Complaint, WHS was the parent corporation, providing overall coordination including the governing body, to its controlled affiliates Wellstar Medical Group, LLC, and Kennestone Hospital, Inc.
112. JOHN/JANE DOE 1-10 are those yet unidentified individuals and/or entities who may be liable, in whole or part, for the damages alleged herein.
Cause of Action: Negligence (Negligent Administration)
Against Wellstar Medical Group, LLC, Quantum Radiology, PC, Gastrointestinal Specialists of Georgia, PC, Kennestone Hospital, Inc., and Wellstar Health System, Inc.
General Notice of the Claim
113. Defendants Wellstar Medical Group, LLC, Quantum Radiology, PC, Gastrointestinal Specialists of Georgia, PC, Kennestone Hospital, Inc., and Wellstar Health System, Inc. (together, “Corporate Defendants”) owed duties of care to Skyla Britt.
114. The Corporate Defendants owed duties of ordinary care to Skyla Britt.
115. The Corporate Defendants violated duties of ordinary care to Skyla Britt.
116. The Corporate Defendants violated duties of ordinary care through the actions of their non-professional administrators — that is, administrators not licensed for professions listed in OCGA 9-11-9.1(g).
117. The Corporate Defendants violated duties of ordinary care through the actions of their professional staff in performing purely administrative tasks.
118. Negligent administration by Corporate Defendants created unnecessary and unreasonable potential for medical errors by the physicians and nurses involved in the care of Skyla Britt. That is, negligently administered systems and organizational cultures promoted, rather than prevented, medical error.
119. By violating their duties of ordinary care, the Corporate Defendants harmed Skyla Britt.
120. The individuals directly responsible for acts of negligent administration were actual and/or ostensible agents or otherwise servants and/or employees of the Corporate Defendants.
121. The Corporate Defendants are vicariously liable for the negligence of the individual administrators whose negligence contributed to injure Skyla Britt.
More Detailed Notice of the Claim
Statements not in numbered paragraphs require no response from the Defendants.
The foregoing averments suffice to state a claim. However, in accordance with the overriding goal of the Civil Practice Act — “to secure the just, speedy, and inexpensive determination of every action”[4] — the more detailed averments below are presented instead to give the Defendants additional notice, to narrow the disputes, and to simplify discovery and trial.
Plaintiff does not waive the provisions of Georgia’s notice-pleading requirements, or assume any obligation to provide more than the general notice required by law.[5]
Negligence, not Professional Malpractice
122. Georgia law recognizes that ordinary negligence in the form of negligent administration can contribute to a chain of events that includes medical malpractice and harms a patient.[6]
123. Georgia law recognizes that both ordinary negligence & medical malpractice can exist and combine to cause harm — creating liability for both ordinary negligence and medical malpractice.
124. Any negligence by an individual not licensed for a profession listed in OCGA 9-11-9.1(g) is ordinary negligence, not professional malpractice.
125. The Georgia courts have not catalogued every purely administrative duty in a hospital.
126. Plaintiff’s Negligent Administration claim is not a claim for professional malpractice as defined in OCGA 9-11-9.1. This is a claim for negligence — that is, “ordinary” or “simple” negligence.
127. This claim is premised largely on the negligence of individuals who are not licensed for professions listed in OCGA 9-11-9.1.
128. To the extent this claim is premised on the negligence of individuals who are licensed for professions listed in OCGA 9-11-9.1, this claim addresses only actions that could permissibly be performed by people who are not so licensed.
129. To the extent the trial and appellate courts ultimately determine that any particular act constituted professional malpractice as defined in OCGA 9-11-9.1, Plaintiff stipulates that the act does not support a claim ordinary negligence.
Principles of Healthcare Administration
The Scale of Medical Error, & System Failures as a Cause
130. Preventable medical error is a leading cause of death in America.
131. The complexity of hospital care creates potential for medical errors of various kinds — for example, inattention, failures of communication, lack of preparedness, mistaken assumptions that someone else is addressing a problem, and others.
132. One central function of healthcare administration is to create systems and organizational cultures that facilitate exposing medical errors before they cause serious harm.
133. Medical errors usually involve both (a) error by the individual clinicians directly involved in a patient’s care, and (b) system failures that create unnecessary potential for error.
Management or Administration as a Distinct Discipline
134. Hospital administrators need education, training, and skills different from those required to be a physician or nurse. Non-professional hospital administrators must have education or training in management, but need not have gone to medical or nursing school. Physicians or nurses need not have training in managing organizations.
135. OCGA 9-11-9.1(g) does not include hospital administrators in the list of professionals to which OCGA 9-11-9.1 applies.
136. Non-professional hospital administrators — because they are not medical professionals — do not apply medical judgment in their work.
137. Where physicians or nurses occupy administrative roles, some of their duties include administrative tasks that do not require being a physician or nurse — for example, checking to make sure a certain policy has been communicated to hospital staff, or checking to make hospital staff has undergone certain training.
Non-Professional Administrators & Patient Safety
138. Clinicians treating patients usually are not in a position to fix problems with the systems and organizational cultures in a hospital.
139. Frequently, hundreds of individual physicians practice in a given hospital. The individual physicians practice within the systems and organizational culture maintained by hospital administrators. The individual physicians must rely on, and are constrained by, the work of hospital administrators.
140. Patient safety is not solely the responsibility of the physicians and nurses treating a patient.
141. Hospital administrators acting in a purely administrative capacity have responsibilities for protecting patient safety.
142. Negligence by non-professional administrators can and does foreseeably cause harm to patients. Within the healthcare industry, this principle is accepted and well understood by clinicians and non-clinicians alike.
Responsibilities of Hospital Administrators for Patient Safety
143. Federal regulations impose requirements on hospital administrators concerning patient safety.
144. The Joint Commission’s accreditation standards impose requirements on hospital administrators concerning patient safety.
145. Pursuant to industry standards, non-professional hospital administrators are responsible for the systems and organizational culture of the hospital.
146. Non-professional hospital administrators must learn about the common sources of medical error industry-wide and ensure that those general sources of error are addressed effectively in the administrators’ own hospital.
147. Non-professional hospital administrators must organize efforts to identify common sources of medical error in the administrators’ own hospital, and to address those sources of error effectively.
148. Concerning policies or protocols for medical care, non-professional hospital administrators have limited but important responsibilities.
149. Concerning policies or protocols for medical care, non-professional hospital administrators are responsible for:
a. making sure need-assessments are performed to identify what policies or protocols should be created,
b. making sure policies and protocols are communicated effectively to hospital staff (instead of just papering the file),
c. making sure training is given so that hospital staff understand how to apply the policies and protocols in practice,
d. making clear that the policies and protocols must be followed (that is, that the policies and protocols are not bureaucratic formalities which staff can disregard),
e. monitoring compliance, and
f. ensuring remedial actions are taken where compliance problems arise.
150. Non-professional hospital administrators must engage all hospital staff in actively seeking out problems in the hospital’s system and culture — and fixing the problems before they cause further harm.
151. Non-professional hospital administrators must ensure the hospital is actually implementing policies. Just papering the file is not enough.
152. Non-professional hospital administrators have important responsibilities in a variety of specific areas. The following is a non-exhaustive list:
a. Culture of Safety
b. Quality Monitoring & Improvement
c. Staffing & Training
d. Communication and Patient Hand-offs
e. Patient Rights & Grievance Process
f. Sentinel Events.
Accountability for Hospital administrators
153. Purely administrative negligence can contribute substantially to medical error that hurts patients.
154. It would be dangerous to exempt hospital administrators from accountability for their own negligence.
155. Exempting hospital administrators from accountability for their own negligence would remove an important incentive for administrators to work diligently to create systems that protect patients.
Negligent Administration in This Case
156. In this case, the Corporate Defendants violated duties of ordinary care, through administrative negligence, and in so doing they caused harm to Skyla Britt.
157. The facts of the medical care of Skyla Britt permit inferences of administrative negligence in certain respects. Discovery may reveal additional negligence.
158. Communication & Coordination; Patient Hand-Offs: Hospital administrators must ensure that where multiple providers are involved in a patient’s care, protocols are in place to ensure proper communication & coordination between providers (including at patient hand-offs) — to avoid gaps that lead to medical error.
159. The Corporate Defendants failed to take reasonable efforts in this regard. Important parts of that work (though not the whole of it) are purely administrative. These entities committed administrative negligence in this respect. The negligence caused harm to Skyla Britt.
160. The non-professional, administrative tasks relating to the foregoing issues involve varying levels of sophistication. However, even the simplest ministerial tasks are important. For example, failure to disseminate a policy would be among the simplest possible tasks, but negligence as to that task would cause harm.
161. Pursuant to OCGA Title 51, Chapter 4, Skyla Britt is entitled to recover from Corporate Defendants for all damages caused by their negligent administration.
Cause of Action: Civil Battery
Against Dr. Taylor and Wellstar Medical Group, LLC
162. Dr. Taylor performed a cholecystectomy on Skyla Britt.
163. Dr. Taylor knew the cholecystectomy was not indicated for Skyla.
164. Dr. Taylor performed cholecystectomy without obtaining Skyla’s actual informed consent to the surgery.
165. In recommending the surgery, Dr. Taylor failed to inform Skyla that there was no indication or need for cholecystectomy.
166. Dr. Taylor’s misrepresentations were egregious because:
a. they were directly contrary to Skyla’s medical presentation, and
b. cholecystectomy is a surgery with known potential complications and risks, including but not limited to biliary injury, peritonitis, and sepsis.
167. In light of those misrepresentations, any consent Skyla formally gave to the cholecystectomy surgery was not and could not be actual informed consent.
168. Dr. Taylor performed the cholecystectomy surgery without Skyla’s actual informed consent. Dr. Taylor performed the surgery with fraudulently induced consent.
169. The cholecystectomy thus constituted unlawful contact with Skyla.
170. Each incision, touch, suture, and other invasive act constituted an intentional, willful, wanton, and unlawful contact with Skyla.
171. The cholecystectomy caused Skyla harm, including the physical, mental, and emotional injury associated with (a) the cholecystectomy itself, (b) the subsequent medical treatment including but not limited to multiple ERCP procedures, an abdominal washout, and a hepaticojejunostomy, (c) the complications resulting from the cholecystectomy surgery, including hepatic duct injury, bile leak, sepsis, and need for hepaticojejunostomy, and (d) the removal of a normal organ.
172. As Dr. Taylor’s employer or other principal at the time of his tortious conduct, Wellstar Medical Group, LLC, is vicariously liable for his tortious conduct, because Dr. Taylor was acting within the scope of his employment or agency with Wellstar Medical Group, LLC at that time.
173. Additional factual allegations below, in the “Professional Malpractice” section, relate to and support Skyla’s cause of action for civil battery.
Cause of Action: Professional Malpractice
Directly: Against Dr. Taylor, Dr. Sykes, Dr. Sappati-Biyyani, Dr. Andujar, Ms. Rivers-Fleming, Dr. Aziz, Dr. Kim, Dr. Redcross, and Ms. Tanner-Torres.
Vicariously: Against Wellstar Medical Group, LLC, Quantum Radiology, PC, and Gastrointestinal Specialists of Georgia, PC.
General Notice of the Claim
174. On March 3, 2020, March 19, 2020, and March 24, 2020, Dr. Taylor owed professional duties of care to Skyla Britt — duties which he breached, causing harm to Skyla Britt.
175. At all times relevant to this Complaint, Dr. Taylor acted as an employee or other agent of Wellstar Medical Group, LLC. As Dr. Taylor’s employer or other principal at the time of his negligence, Wellstar Medical Group, LLC, is vicariously liable for his negligence, because Dr. Taylor was acting within the scope of his employment or agency with Wellstar Medical Group, LLC at that time.
176. On March 24, 2020, Dr. Sykes owed professional duties of care to Skyla Britt — duties which he breached, causing harm to Skyla Britt.
177. At all times relevant to this Complaint, Dr. Sykes acted as an employee or other agent of Quantum Radiology, PC. As Dr. Sykes’s employer or other principal at the time of his negligence, Quantum Radiology, PC, is vicariously liable for his negligence, because Dr. Sykes was acting within the scope of his employment or agency with Quantum Radiology, PC, at that time.
178. On March 28, 2020, through April 1, 2020, Dr. Sappati-Biyyani owed professional duties of care to Skyla Britt — duties which he breached, causing harm to Skyla Britt.
179. At all times relevant to this Complaint, Dr. Sappati-Biyyani acted as an employee or other agent of Gastrointestinal Specialists of Georgia, PC. As Dr. Sappati-Biyyani’s employer or other principal at the time of his negligence, Gastrointestinal Specialists of Georgia, PC, is vicariously liable for his negligence, because Dr. Sappati-Biyyani was acting within the scope of his employment or agency with Gastrointestinal Specialists of Georgia, PC, at that time.
180. On March 28, 2020, through April 8, 2020, Dr. Andujar owed professional duties of care to Skyla Britt — duties which he breached, causing harm to Skyla Britt.
181. At all times relevant to this Complaint, Dr. Andujar acted as an employee or other agent of Wellstar Medical Group, LLC. As Dr. Andujar’s employer or other principal at the time of his negligence, Wellstar Medical Group, LLC, is vicariously liable for his negligence, because Dr. Andujar was acting within the scope of his employment or agency with Wellstar Medical Group, LLC at that time.
182. On March 28, 2020, through April 8, 2020, Ms. Rivers-Fleming owed professional duties of care to Skyla Britt — duties which she breached, causing harm to Skyla Britt.
183. At all times relevant to this Complaint, Ms. Rivers-Fleming acted as an employee or other agent of Wellstar Medical Group, LLC. As Ms. Rivers-Fleming’s employer or other principal at the time of her negligence, Wellstar Medical Group, LLC, is vicariously liable for her negligence, because Ms. Rivers-Fleming was acting within the scope of her employment or agency with Wellstar Medical Group, LLC at that time.
184. On April 6, 2020, through April 8, 2020, Dr. Aziz owed professional duties of care to Skyla Britt — duties which he breached, causing harm to Skyla Britt.
185. At all times relevant to this Complaint, Dr. Aziz acted as an employee or other agent of Gastrointestinal Specialists of Georgia, PC. As Dr. Aziz’s employer or other principal at the time of his negligence, Gastrointestinal Specialists of Georgia, PC, is vicariously liable for his negligence, because Dr. Aziz was acting within the scope of his employment or agency with Gastrointestinal Specialists of Georgia, PC, at that time.
186. On April 6, 2020, through April 8, 2020, Dr. Kim owed professional duties of care to Skyla Britt — duties which he breached, causing harm to Skyla Britt.
187. At all times relevant to this Complaint, Dr. Kim acted as an employee or other agent of Gastrointestinal Specialists of Georgia, PC. As Dr. Kim’s employer or other principal at the time of his negligence, Gastrointestinal Specialists of Georgia, PC, is vicariously liable for his negligence, because Dr. Kim was acting within the scope of his employment or agency with Gastrointestinal Specialists of Georgia, PC, at that time.
188. On April 6, 2020, through April 8, 2020, Dr. Redcross owed professional duties of care to Skyla Britt — duties which he breached, causing harm to Skyla Britt.
189. At all times relevant to this Complaint, Dr. Redcross acted as an employee or other agent of Wellstar Medical Group, LLC. As Dr. Redcross’s employer or other principal at the time of his negligence, Wellstar Medical Group, LLC, is vicariously liable for his negligence, because Dr. Redcross was acting within the scope of his employment or agency with Wellstar Medical Group, LLC at that time.
190. On April 6, 2020, through April 8, 2020, Ms. Tanner-Torres owed professional duties of care to Skyla Britt — duties which she breached, causing harm to Skyla Britt.
191. At all times relevant to this Complaint, Ms. Tanner-Torres acted as an employee or other agent of Wellstar Medical Group, LLC. As Ms. Tanner-Torres’s employer or other principal at the time of her negligence, Wellstar Medical Group, LLC, is vicariously liable for her negligence, because Ms. Tanner-Torres was acting within the scope of her employment or agency with Wellstar Medical Group, LLC at that time.
More Detailed Notice of the Professional Malpractice Claim
Defendants need not respond to statements or other matter (e.g., citations or screenshots) not made in numbered paragraphs.
The foregoing averments suffice to state a claim. However, in accordance with the overriding goal of the Civil Practice Act — “to secure the just, speedy, and inexpensive determination of every action”[7] — the more detailed averments below are presented to give the Defendants additional notice, to narrow the disputes, and to simplify discovery and trial.
Plaintiff does not waive the provisions of Georgia’s notice-pleading requirements, or assume any obligation to provide more than the general notice required by law.
Prologue
January 14, 2020 — Office visit to OB/GYN
192. On 1/14/2020, Skyla presents to Wellstar South Cobb OB/GYN Austell to see Stacey Cressy, NP.
· WSa 1
193. NP Cressy notes that Skyla presents with pelvic and right lower quadrant abdominal pain and irregular vaginal bleeding.
· WSa 2
194. NP Cressy plans for tests and transvaginal ultrasound imaging.
· WSa 4
195. NP Cressy records diagnoses of irregular menses, pelvic pain, and right lower quadrant abdominal pain.
· WSa 1
January 21, 2020 — Ultrasound and OB/GYN Visit
196. On 1/21/2020 Skyla is treated by Milele Francis, MD. At 0825 hrs, Skyla undergoes a transvaginal ultrasound.
· WSa 15-16
197. Dr. Francis refers Skyla to a gastrointestinal specialist.
· WSa 21
198. Dr. Francis records a diagnosis of right lower quadrant abdominal pain.
· WSa 13
January 28, 2020 Visit to Internal Medicine and Imaging at Douglas Hospital; Presentation to ED
199. On 1/28/2020, Skyla presents to Wellstar Internal Medicine at Prestley Mill for treatment by Jennifer Densmore, NP.
· WSa 26
200. NP Densmore notes that Skyla reports right lower quadrant abdominal pain that radiates upwards to later right upper quadrant and vaginal bleeding for two months. The pain and bleeding has worsened.
· WSa 28
201. Skyla’s abdominal pain is located in the right lower quadrant, right upper quadrant, and suprapubic region. The pain starts in the right lower quadrant and radiates to the outer right upper quadrant. Nausea is present.
· WSa 29
202. NP Densmore plans for a stat CT scan of the abdomen and pelvis, among other actions.
· WSa 33
203. NP Densmore records a diagnosis of acute abdominal pain of the right upper quadrant.
· WSa 27
204. On 1/28/2020 at 1636 hrs, Skyla has a CT scan abdomen / pelvis without contrast. Anjani Naidu, MD, reads the results. Dr. Naidu notes that Skyla’s gallbladder is surgically absent.
· WSa 67
205. NP Densmore refers Skyla to the ED because of the abnormal CT results.
· WSa77
ED Admission at Wellstar Douglas Hospital
206. On 1/28 at 1927 hrs, Skyla presents to the ED at Wellstar Douglas Hospital
· WSa 1927
207. Lawrence D. Segal, DO, is Skyla’s emergency care provider.
· WSa 77
208. Dr. Segal notes that Skyla has constant right upper quadrant abdominal pain which is non-radiating.
· WSa 78
209. Dr. Segal notes that Skyla also has left sided rib and chest pain.
· WSa 78
210. Skyla confirms that her gallbladder is not surgically absent, and that she has never had surgery.
· WSa 79.
211. For the left lower lobe issue, Dr. Segal refers Skyla to pulmonary medicine.
· WSa 79
212. During the physical exam, Dr. Segal notes that Skyla has tenderness in the right upper quadrant of the abdomen.
· WSa 82
213. During the same visit, Sarah Ellison, PA, notes that Skyla has tenderness in the right lower quadrant.
· WSa 86
214. Skyla has a liver function panel. The results are all values within the reference ranges.
· WSa 83
215. At 2021 hrs, Skyla has an ultrasound of the gallbladder. The results are read by Asad Hayat, MD, of radiology. Dr. Hayat notes that there is no gallstone or gallbladder wall thickening. There is a negative sonographic Murphey’s sign.
· WSa 114
216. Dr. Segal prescribes Levaquin for the infectious process of the left lower lobe.
· WSa 84
217. The recorded diagnoses are pneumonia of left lower lobe due to infectious organism and right upper quadrant abdominal pain.
· WSa 77
February 13, 2020 — Visit with Pulmonary Medicine
218. On 2/13, Skyla presents to Wellstar Pulmonary Medicine Austell for evaluation by Marshaleen King, MD.
· WSa 114
219. Skyla presents for evaluation of the left lung opacities.
· WSa 118
220. Dr. King notes that Skyla’s lung opacities are likely infectious in etiology. She will get a chest CT in four to six weeks.
· WSa 123
February 18, 2020 — Visit to GI Specialists of Georgia
221. On 2/18, Skyla presents to GI Specialists of Georgia to see Subodh Lal, MD.
· GIS 13
222. Skyla presents for evaluation of right sided abdominal pain. It occurs in the right upper quadrant but radiates to left upper quadrant and right lower quadrant, occurs daily, and is a constant throbbing. Skyla has also been experiencing menstrual bleeding during the same time.
· GIS 12
223. Dr. Lal notes that Skyla has tenderness of the right upper quadrant, left upper quadrant, and right lower quadrant.
· GIS 13
224. Dr. Lal assesses Skyla’s pain as a low yield for gastrointestinal etiology. She is referred for a CCK HIDA scan.
· GIS 12
February 28, 2020 — HIDA Scan
225. On 2/28, Skyla presents to Wellstar Douglas Hospital for a nuclear medicine hepatobiliary scan with gallbladder ejection/drug. The results are read by radiologist Brian Gordon, MD. Dr. Gordon interprets the results as follows: Skyla’s gallbladder ejection fraction is 77.5%, and normal value is greater than 35%. There is no scintigraphic evidence of delayed gallbladder emptying.
· WSa 167
Dr. Grant Taylor — March 3, 2020
226. On 3/3, Skyla presents to Dr. Taylor’s office at Wellstar General Surgery Douglasville.
· WSa 182
227. Dr. Taylor notes that Skyla has right upper quadrant pain that travels to her back, chest, and right shoulder at times. She has constant nausea and some vomiting.
· WSa 185.
228. Dr. Taylor notes that Skyla’s imaging includes an ultrasound, CT scan, and HIDA scan.
· WSa 185.
229. Dr. Taylor notes that Skyla did not eat for approximately two weeks and had been taking phentermine.
· WSa 185.
230. Dr. Taylor notes that during her pregnancy, Skyla had significant heartburn and indigestion. Her abdominal pain does not change when she eats. Skyla experienced nausea with the injection of her CCK.
· WSa 185
231. Dr. Taylor views the HIDA scan from February 28, 2020.
· WSa 187
232. Dr. Taylor gives a differential diagnosis of chronic cholecystitis, gastritis, an ulcer, and musculoskeletal pain.
· WSa 188.
233. Dr. Taylor states that if Skyla does not feel better from taking a proton pump inhibitor, she would benefit from a laparoscopic cholecystectomy with intraoperative cholangiogram. There is an 80% chance this would make her feel better.
· WSa 188
Gallbladder Surgery — March 19, 2020
234. On 3/19/2020 at 0850 hrs, Skyla arrives at Wellstar Douglas Hospital for a cholecystectomy.
· WSa 205-206
235. On 3/19/2020 at 1015 hrs, Dr. Taylor evaluates Skyla.
· WSa 208
236. Dr. Taylor gives Skyla a diagnosis of chronic cholecystitis with progressive symptoms. Dr. Taylor notes that Skyla would benefit from a laparoscopic cholecystectomy with intraoperative cholangiogram.
· WSa 212
237. On 3/19/2020, from 1040 hrs to 1152 hrs, Dr. Taylor performs the laparoscopic cholecystectomy.
· WSa 224
238. At 1058 hrs, Dr. Taylor removes the gallbladder. During the surgery, Dr. Taylor notes that Skyla has a very short cystic duct and artery. The cholangiogram is not performed due to Skyla’s small cystic duct.
· WSa 228
239. During the procedure, Dr. Taylor notes that Skyla has an 80% intrahepatic gallbladder. Parts of the procedure are difficult due to the intrahepatic location of Skyla’s gallbladder.
· WSa 229
· WSa 230
240. At 1324 hrs, after the procedure, Deltranee Hanson, RN, notes that Skyla has had a possible reaction to fentanyl. Skyla’s face is red. Benadryl is administered. At 1359 hrs, Nancy Forsyth, RN, notes that Skyla has walked in the hall, has ingested soda, and will be discharged when criteria is met.
· WSa 213
241. On 3/19 at 1516 hrs, Skyla is discharged from Douglas Hospital.
· WSa 206
Gallbladder Pathology Findings
242. On 3/23, the pathology report for the gallbladder is completed. The final diagnosis is mild chronic cholecystitis. There are no specific histologic findings noted in the report.
· WSa 233
243. The pathology report indicates a normal gallbladder.
244. The histomorphologic architecture of all layers of the gallbladder and cytic duct, including the mucosa (glandular epithelium and lamina propria), muscularis propria, and serosa is entirely normal.
245. There are no acute or chronic inflammatory cell infiltrates within any of the gallbladder or cystic duct layers — no increased eosinophils, epithelioid granulomas, viral inclusions, intraluminal stone fragments, or parasitic organisms. There is no evidence of dysplasia or malignancy.
246. The removed gallbladder and cystic duct of patient Skyla Britt are histologically normal.
247. “Mild chronic cholecystitis” is a non-specific term that has no clinical significance. In pathology reports for gallbladder specimens, that term is essentially synonymous with “normal.”
Post Op Office Visit — March 24, 2020
248. On 3/24/2020 at 0900 hrs, Skyla presents for a post-operative visit with Dr. Taylor at Wellstar General Surgery Douglas.
· WSa 280
249. Dr. Taylor notes that Skyla has experienced constant nausea with vomiting, abdominal pain, sweating, constipation, and a poor appetite.
· WSa 281
250. Skyla is tachycardic with a heart rate of 147.
· WSa 281.
251. Dr. Taylor notes that Skyla appears uncomfortable. There is mild distention and mild diffuse tenderness of Skyla’s abdomen.
· WSa 281
252. Dr. Taylor notes that Skyla is having more pain than she should and there is a concern for a bile leak. Skyla is sent for a stat HIDA scan and bloodwork.
· WSa 281
253. At 09:34:22, GI Specialists of Georgia sends the records from Skyla’s visit with them on February 18, 2020, to Dr. Taylor.
· WSa 279
254. At 1225 hrs, Charles Sykes, MD, of radiology, interprets Skyla’s HIDA scan as negative for a leak.
· WSa 306
255. In fact, the HIDA scan confirmed a bile leak. Dr. Sykes misread the HIDA scan.
256. Dr. Taylor notes that the HIDA scan results are negative. Skyla’s white blood cell count and creatine are elevated.
· WSa 281.
257. Dr. Taylor prescribes Skyla antibiotics, tells her to drink fluids, and asks that she return in one week.
· WSa 281
258. Skyla has an elevated platelet count and elevated liver function tests.
· WSa 427-428
Post-Op ED Visit #1 — March 28, 2020
March 28
Wellstar Douglas ED
259. On 3/28/2020 at 0250 hrs, Skyla arrives to the emergency department at Wellstar Douglas Hospital by car.
· WSa 310
260. Skyla presents to the emergency department with worsened abdominal pain, nausea, and vomiting.
· WSa 312
261. Skyla has a heart rate of 138 and a respiratory rate of 24.
· WSa 315
262. Skyla’s white blood cell count is 26.52. Her absolute neutrophils are 21.75. Her platelet value is 782.
· WSa 316
263. All of Skyla’s liver function tests are elevated.
· WSa 317
264. At 0554 hrs, Skyla receives a CT scan abdomen / pelvis with IV contrast.
· WSa 347
265. At 1100 hrs, review of the HIDA scan from March 24, 2020 shows that the imaging findings are consistent with a bile leak. The March 24, 2020 HIDA scan report is addended.
· WSa 306
266. Skyla is diagnosed with sepsis and biloma.
· WSa 332
267. The sepsis is secondary to the biloma.
· WSa 414
268. Skyla will be transferred to Wellstar Kennestone for IR drain.
· WSa 333
269. On 3/28/2020 at 1239 hrs, Skyla is discharged from Douglas Hospital for transfer to Kennestone Hospital.
Transfer to Wellstar Kennestone
270. On 3/28/2020 at 1317 hrs, Skyla arrives at Wellstar Kennestone Hospital by ambulance from Wellstar Douglas Hospital.
· WSa 410
271. The hospitalist plans for drainage of fluid collection with interventional radiology. Skyla receives ciprofloxacin, vancomycin, and flagyl to treat the sepsis, as well as IV fluids.
· WSa 422
GI Consult
272. At 1422 hrs, Aasim Sheikh, MD, of gastroenterology evaluates Skyla.
· WSa 423
273. Dr. Sheikh plans for an MRCP with EOVIST after Skyla’s bile is drained.
· WSa 429-430
274. The MRI with EOVIST does not occur.
IR Drainage of Biloma
275. At 1835 hrs, Alan M. Zuckerman, MD, performs a CT guided drainage of the biloma. An 8 French drain is placed in the right lower quadrant.
· WSa 434
276. A sample of the fluid is sent for examination. The examination reveals gram positive cocci bacteria in clusters.
· WSa 531
Electrocardiogram
277. At 2237 hrs, Skyla has an electrocardiogram. It is abnormal. The results reveal sinus tachycardia, and anterior infarction cannot be ruled out.
· WSa 496
Daily Drain Output Values
278. As measured on 3/28/2020, Skyla’s abdominal drain output for the day is 460 mL, not including the 300 mL manually aspirated during the CT-guided drainage (WSa 434).
· WSa 623
March 29, 2020
Hospitalist Evaluation
279. On 3/29/2020 at 0839 hrs, Etalemahu Dinku, MD, of hospitalist medicine, examines Skyla.
· WSa 442
280. Dr. Dinku notes that Skyla has generalized abdominal pain. Skyla is acutely sick looking.
· WSa 443
GI Consult
281. At 0856 hrs, Skyla has a consult with Dr. Sheikh.
· WSa 445
282. Dr. Sheikh notes that Skyla has had the CT guided drainage. The sample taken from the procedure is green and yellow in color and contains gram-positive cocci in clusters. Skyla’s white blood cell count is higher.
· WSa 446
283. Dr. Sheikh notes that Skyla had a regular breakfast that morning. She continues to experience pain. The output of her drain has been 1285 cc.
· WSa 449
284. Dr. Sheikh notes that Skyla is unable to have the ERCP because she ate pancakes that morning. She will have the ERCP later in the day or the following day.
· WSa 451
285. At 1527 hrs, Dr. Sheikh notes that anesthesiology is not available that day, so the ERCP will occur on the following day.
· WSa 452
Daily Drain Output Values
286. As measured on 3/29, Skyla’s abdominal drain releases 825 mL of bile.
· WSa 624
March 30, 2020
General Surgery Evaluation
287. On 3/30 at 0606 hrs, Akil J. Gordon, MD, of general surgery, examines Skyla.
· WSa 452
288. Dr. Gordon notes that Skyla is experiencing back pain.
· WSa 452
289. Dr. Gordon notes that Skyla’s white blood cell count is still high.
· WSa 455
ERCP with Sphincterotomy and Stent Placement
290. At 1550 hrs, Dr. Raja Shekhar R. Sappati-Biyyani performs an ERCP with sphincterotomy and stent placement. Dr. Sappati-Biyyani sees no evidence of a biliary leak during the procedure.
· WSa 526-527
291. A 10 French by 7 centimeters biliary stent is implanted.
· WSa 525
Daily Drain Output Values
292. As measured on 3/30/2020, Skyla’s drain output for the day is 800 mL.
· WSa 624-625
March 31, 2020
Laparoscopic Exploration and Washout
293. On 3/31/2020 at 0740 hrs, RN Amanda Lamneck notes that while Skyla is awaiting her procedure, her drain has leaked all over her bed sheets at SCDs. The linen is changed, the SCDs are disposed of, and Skyla is assisted to bathe with CHG wipes.
· WSa 523
294. On 3/31/2020 at 0908 hrs, Jose Andujar, MD, performs a diagnostic laparoscopy, laparoscopic lysis of adhesions, laparoscopic washout, and placement of drains. A #15 JP drain is placed exiting through the right lower quadrant.
· WSa 529-530
GI Evaluation
295. At 1136 hrs, Skyla is seen by Dr. Sappati-Biyyani.
· WSa 465
296. Dr. Sappati-Biyyani notes that Skyla’s abdominal pain is improving. She does not have nausea or vomiting. She is tolerating clear liquids by mouth.
· WSa 465
297. Dr. Sappati-Biyyani notes that Skyla’s elevated liver functions tests are improving. Her leukocytosis is worsening, likely due to the fluid collections of the bile leak.
· WSa 468
298. Skyla’s alkaline phosphatase is elevated with a value of 157.
· WSa 540
299. Dr. Sappati-Biyyani plans for Skyla’s white blood cell count will be watched, since it has increased. Her liver function tests will also be watched. Dr. Sappati-Biyyani notes that the gastroenterology department will sign off.
· WSa 468
Daily Drain Output Values
300. As measured on 3/31/2020, Skyla’s drain output is 1285 mL, not including the amount that leaked all over Skyla’s bed. The recorded daily drain output is increased after the 3/30 biliary stent placement.
· WSa 626-627
April 1, 2020
Daily Drain Output Values
301. On 4/1/2020, Skyla’s recorded drain output is either 375 or 550 mL, among two measurements. The two measurements are both recorded at 0615 hrs.
· WSa 627-628
Discharge from Wellstar Kennestone
302. On 4/1/2020 at 0711 hrs, Windy Bernard, PA, of interventional radiology, evaluates Skyla.
· WSa 471
303. PA Bernard notes that Skyla’s IR drain will remain in place per Dr. Andujar of general surgery. PA Bernard notes that Skyla may be discharged. The note is co-signed by Dr. Zuckerman.
· WSa 473
304. At 0744 hrs, Quatina L. Rivers-Fleming, NP, of general surgery, evaluates Skyla.
· WSa 473
305. NP Rivers-Fleming notes that Skyla’s drains have had an output of 1660 cc over the past three shifts.
· 474
306. NP Rivers-Fleming plans for the JP drain placed by general surgery to be removed. The IR drain will remain in place. NP Rivers-Fleming notes that from a surgical standpoint, it is okay to discharge Skyla. Dr. Andujar co-signs the note.
· WSa 477
307. Skyla’s white blood cell count elevated with a value of 26.59. Skyla’s platelet count is elevated with a value of 695.
· WSa 541
308. At 1502 hrs, the JP drain is removed.
· WSa 477
309. On 4/1/2020 at 1531 hrs, Skyla is discharged from Kennestone Hospital.
· WSa 414
Post-Op ED Visit #2 — April 6, 2020
April 6, 2020
Wellstar Kennestone ED
310. On 4/6/2020 at 1346 hrs, Skyla returns to Wellstar Kennestone Hospital.
· WSa 713
311. At 1645 hrs, Nicholas A. Irwin, MD, of emergency medicine, evaluates Skyla. Dr. Irwin notes that Skyla presents with a complaint of worsening pain.
· WSa 716
312. At 1720 hrs, Skyla has a CT scan abdomen / pelvis with IV contrast. The results describe a prominent fluid collection at the level of the liver hilum.
· WSa 793
313. Skyla’s bloodwork returns elevated liver function values.
· WSa 728
314. Skyla’s bloodwork returns elevated values of white blood cells, platelets, absolute neutrophils, monocytes, and others.
· WSa 728
315. At 1814 hrs, Sheila O. Anyaoha, NP, of general surgery, evaluates Skyla.
· WSa 735
316. NP Anyaoha plans to obtain a HIDA scan and consult IR for drainage of fluid collection. Joseph Redcross, DO, co-signs the note.
· WSa 741
317. Skyla is admitted for inpatient treatment.
· WSa 732
Daily Drain Output Values
318. On 4/6, Skyla’s recorded drain output is 400 mL. The only measurement was recorded at 1958 hrs.
· WSa 830
April 7, 2020
HIDA Scan and Plan
319. On 4/7 at 0630 hrs, Skyla has a HIDA scan. The findings are consistent with a bile leak.
· WSa 794-795
320. At 0950 hrs, PA Bernard evaluates Skyla. PA Bernard notes that the IR drain does not need to be repositioned or replaced. Ashotosh Rao V., MD, co-signs the note.
· WSa 751-752
321. At 1020 hrs, Arif Aziz, MD, gastroenterologist, consults with Skyla.
· WSa 741
322. Dr. Aziz notes the following: there was no obvious leak in the biliary tract on the previous ERCP, there is a fluid collection at the porta hepatis, and there is a bile leak on the HIDA scan. WSa 743.
323. Dr. Aziz plans to repeat the ERCP to find the site of the leak and replace the stent.
· WSa 743
324. Dr. Aziz notes that Skyla’s case is to be reviewed by Dr. Kim.
· WSa 742
Second ERCP with Removal of Stent, Stent Placement, and Sphincterotomy
325. At 1330 hrs, Dr. Aziz performs an ERCP with sphincterotomy and stent placement.
· WSa 777
326. Skyla’s sphincterotomy is extended. The previously placed stent is removed. A new 10 French by 7 centimeter stent is placed. No bile leak was seen during the procedure. An occlusion cholangiogram did not reveal any leak.
· WSa 781
· WSa 781-782
Daily Drain Output Values
327. On 4/7/2020, the recorded output on Skyla’s drains is 900 mL.
· WSa 830, 839-840
April 8, 2020 — Discharge
328. On 4/8/2020, labs demonstrate that some of Skyla’s liver function tests are elevated.
· WSa 791
329. Skyla’s white blood cell count and platelet count are elevated.
· WSa 790
330. On 4/8/2020 at 0944 hrs, Jeffrey L. Kim, MD, of gastroenterology evaluates Skyla.
· WSa 752
331. Dr. Kim notes that Skyla has a JP drain with bilious output, which Skyla states is draining less.
· WSa 753
332. Dr. Kim plans for no additional GI intervention and signs off.
· WSa 756
333. At 0957 hrs, NP Tanner-Torres examines Skyla.
· WSa 755
334. NP Tanner-Torres notes that Skyla’s drain output has decreased from 900 to 400 mL in last 24 hours.
· WSa 756
335. On 4/7/2020, after the ERCP with stent placement, Skyla’s drains have a measured output of 400 mL, among two measurements: at 2200 hrs, there is a measurement of 150 mL. At 2311 hrs, there is a measurement of 250 mL.
· WSa 839-840
336. On 4/8/2020, there are no drain output values recorded.
· WSa 1-1938.
337. The last drain output value was recorded on 4/7 at 2311 hrs.
· WSa 839-840.
338. NR Tanner-Torres notes that Skyla will be discharged home.
· WSa 758
339. On 4/8/2020 at 1035 hrs, Skyla is discharged from Kennestone Hospital.
· WSa 733
Outpatient Telehealth — April 10, 2020
340. On 4/10, Skyla has a telehealth visit with Jennifer Densmore, NP. Skyla reports that she is feeling worse now and has been having increased pain to her right side of her back. Skyla reports increased nausea, vomiting since the previous night, diarrhea, and stomach cramping. She has been unable to keep any food down since her discharge from the hospital. The output of her drains has increased. She has worsened abdominal pain.
· WSa 901
341. NP Densmore notes that Skyla appears acutely ill and unhealthy. Skyla appears to have sunken areas under her eyes.
· WSa 904
342. NP Densmore advises Skyla that she needs to be seen in an emergency department immediately. Skyla and her mother express the wish to go to a different facility, Emory, for a second opinion.
· WSa 909
Post-Op ED Visit #3 — April 10, 2020
April 10
Emory Midtown ED
343. On 4/10 at 1408 hrs, Skyla presents to ED at Emory Midtown Hospital.
· EM 42
344. Skyla presents with abdominal pain in the right upper quadrant. Labs show leukocytosis and thrombocytosis.
· EM 15
345. At 1855 hrs, Skyla has a CT abdomen / pelvis. The scan shows a fluid collection concerning for a bile leak.
· EM 95-96
346. At 2201 hrs, Skyla’s providers arrange for her transfer to Wellstar Kennestone Hospital
· EM 21
347. On 4/11 at 0143 hrs, Skyla is discharged from Emory Midtown Hospital.
· EM 46
April 11, 2020
Transfer to Wellstar Kennestone
348. On 4/11/2020 at 0216 hrs, Skyla arrives at Wellstar Kennestone Hospital.
· WSa 922
349. It is noted that Skyla reports that after her discharge from Kennestone, her drain has begun to have a greater output and she has had worsening pain, nausea, and vomiting. The CT scan taken at Emory shows a large, well defined fluid collection at the level of the gallbladder fossa and a well-defined fluid collection in the pelvis.
· WSa 939
350. Some of Skyla’s liver function tests are elevated.
· WSa 1026
351. The complete blood count shows elevated values of white blood cells, platelets, neutrophils, and others.
· WSa 1026
352. At 1535 hrs, Skyla has a CT scan which shows a large perihepatic fluid collection, a pelvic fluid collection, and a fluid collection anterior to the uterus.
· WSa 1034-1035
April 12, 2020
MRCP Without Contrast
353. On 4/12/2020 at 1417 hrs, Skyla has an MRCP without contrast.
· WSa 1036-1037
354. Skyla’s liver function tests show elevated values.
· WSa 1028
355. Skyla’s complete blood count shows elevated values.
· WSa 1029
April 13, 2020
CT Guided Drainage of Biloma
356. At 0957 hrs, Dr. Zuckerman performs CT guided drainage of subhepatic biloma. An 8F drain is placed.
· WSa 1024
357. The fluid is sent for testing.
· WSa 1030
MRCP with EOVIST Contrast
358. On 4/13 at 1616 hrs, Skyla has a consult with Sachin Goel, MD, of gastroenterology.
· WSa 945
359. Dr. Goel suspects a proximal ductal injury. His plan is to order an MRCP with EOVIST contrast. Dr. Goel consults Dr. Shroff, a hepatobiliary surgeon.
· WSa 945
360. At 1620 hrs, Skyla has a consult with Sahir Shroff, MD, of general surgery and surgical oncology, a hepatobiliary surgeon.
· WSa 953
361. Dr. Shroff plans for MRI with EOVIST to evaluate the right hepatic artery.
· WSa 970
362. At 2133 hrs, Skyla has an MRCP with and without EOVIST contrast.
· WSa 1040-1041
April 14, 2020
Location of the Biliary Leak Confirmed
363. On 4/14/2020 at 0931 hrs, the MRCP with and without EOVIST contrast is addended by radiologist Abraham Thomas, MD. The source of the leak is the right hepatic lobe duct.
· WSa 1040-1041
364. Dr. Shroff reviews the MRCP with EOVIST and confirms that Skyla has a right hepatic ductal injury. The injury needs surgical repair. Skyla will receive further imaging in 48 hours to ensure that the biloma is decreasing in size. Dr. Shroff orders Skyla’s right drain removed. Skyla will be discharged home.
· WSa 992
365. Skyla will need to recover at home to prepare for the biliary reconstruction surgery.
· WSa 989
366. At 1342 hrs, Skyla’s right lower quadrant drain is removed.
· WSa 992
April 15, 2020
Progress Note
367. On 4/15 at 1157 hrs, Anita Johnson, NP, of general surgery, follows up with Skyla.
· WSa 992
368. NP Johnson notes that Skyla’s pain is under control and she is tolerating a regular diet and activity. A PICC line has been placed for IV infusions at home.
· WSa 992
369. NP Johnson notes that discharge planning is in place. Robert O’Connor, MD co-signs the note.
· WSa 994-995
April 16, 2020 — Discharge
370. On 4/16/2020 at 0919 hrs, Skyla has a CT abdomen / pelvis without contrast. She has hepatic steatosis. The biloma has decreased in size.
· WSa 1043
371. Skyla may be discharged home. She will need home health care for IV treatments and labs.
· WSa 999
372. On 4/16/2020 at 1024 hrs, Skyla is discharged from Kennestone Hospital.
· WSa 931
Post-Op ED Visit #4 — April 22, 2020
April 22
373. On 4/22/2020, at 1500 hrs, Skyla has a preoperative visit with Dr. Shroff.
· WSa 1256
374. Dr. Shroff notes that Skyla will need a right hepaticojejunostomy.
· WSa 1270
375. On 4/22/2020 at 2218 hrs, Skyla presents to Kennestone ED. She is admitted at midnight on April 23.
· WSa 1276
376. She is having left sided abdominal pain, chest pain, and shoulder pain which started earlier that day. She also noted blood and dark color to the biliary drainage. She vomited.
· WSa 1280-1281
377. The provider plans for labs, IV fluids, morphine, Zofran, CT abdomen / pelvis, and CTA chest.
· WSa 1288
April 23
378. On 4/23/2020 at 0240 hrs, Skyla has a CTA chest.
· WSa 1357
379. The findings show patchy areas of groundglass infiltrates in the lung bases and there are commonly reported features of Covid-19 pneumonia present.
· WSa 1358
380. At 0240 hrs, Skyla also has a CT abdomen / pelvis. The lung bases demonstrate left basilar atelectasis and small left pleural effusion. There is a fluid collection that is smaller than in the previous study.
· WSa 1360
381. After Skyla’s imaging results are discussed with her, she expresses concern about Covid-19 and states she still has left sided pain.
· WSa 1289
382. Skyla tests negative for Covid-19.
· WSa 1353
383. Skyla’s liver function tests reveal elevated values.
· WSa 1349
384. Skyla is admitted for observation and Dr. Shroff is consulted.
· WSa 1307
385. On 4/23/2020 at 1615 hrs, Dr. Shroff evaluates Skyla.
· WSa 1333
386. Dr. Shroff concludes that Skyla’s pain may be due to a blood clot passing through the drain, and due to having the drain in place generally.
· WSa 1339-1340
387. On 4/23/2020 at 1738 hrs, Skyla is discharged from Kennestone Hospital.
· WSa 1302
· WSa 1304
Reconstructive Surgery — May 5, 2020
May 5
388. On 5/5/2020 at 1020 hrs, Skyla arrives at Wellstar Kennestone Hospital for surgery.
· WSa 1432
389. Skyla’s hepatic function panel shows some elevated values.
· WSa 1537
390. At 1500 hrs, Dr. Shroff performs multiple procedures: exploratory laparotomy, extensive lysis of adhesions, drainage of biloma, identification of right hepatic arterial pulse, kocherization of duodenum, Roux-en-Y right hepaticojejunostomy, and application of amniofix.
· WSa 1525
· WSa 1533
391. Dr. Shroff notes that Skyla’s gastroc is completely fused to the inferior wall of the liver. The duodenum is adherent to the gallbladder fossa. End-to-side anastomosis of the right hepatic duct to the small bowel is performed. 50 cm distal to the anastomosis, a jejunostomy is performed.
· WSa 1533-1534
May 6, 2020
392. On 5/6 at 1057 hrs, Dr. Shroff orders a consult with pain pharmacy.
· WSa 1450
393. At 1157 hrs, Jasmine Jones, RPH, of pharmacy pain management, consults with Skyla.
· WSa 1450
394. Ms. Jones notes that Skyla is having consistent, very hard, deep, aching pain in her abdomen.
· WSa1454
395. Ms. Jones notes that Skyla was relatively opioid naïve prior to admission, but her current dose of morphine does not relieve her pain.
· WSa 1455
396. Ms. Jones makes recommendations for Skyla’s pain management.
· WSa 1455
May 7, 2020
397. On 5/7/2020 at 1004 hrs, Dr. Shroff evaluates Skyla.
· WSa 1456
398. Dr. Shroff notes that he awaits the return of Skyla’s bowel function before considering her discharge.
· WSa 1458
399. At 1714 hrs, Arielle Spurley, RPH, of pharmacy pain management, follows up on Skyla.
· WSa 1459
400. Ms. Spurley notes Skyla’s pain control is improved.
· WSa 1460
May 8, 2020
401. On 5/8/2020 at 1008 hrs, Sartaj S. Sanghera, MD, evaluates Skyla.
· WSa 1462
402. Dr. Sanghera notes that Skyla has had bowel function and her diet may advance.
· WSa 1463
403. At 1532 hrs, Ms. Spurley follows up with Skyla.
· WSa 1464
404. Ms. Spurley notes that Skyla’s pain has improved.
· WSa 1465
May 9, 2020
405. On 5/9/2020 at 1005 hrs, Robert Holcomb, MD, follows up with Skyla.
· WSa 1467
406. Dr. Holcomb notes that Skyla is doing well and tolerating her diet.
· WSa 1467
407. Skyla may be discharged home.
· WSa 1469
408. On 5/9/2020 at 1225 hrs, Skyla is discharged home from Kennestone Hospital.
· WSa 1436
Specific Acts of Professional Malpractice
Dr. Taylor
Violation One
409. The standard of care forbade Dr. Taylor from recommending a surgery for which there was no indication.
410. Dr. Taylor recommended a cholecystectomy for Skyla Britt.
411. A cholecystectomy was not indicated for Skyla Britt.
Violation Two
412. The standard of care forbade Dr. Taylor from performing a surgery for which there was no indication.
413. Dr. Taylor performed a cholecystectomy on Skyla Britt.
414. A cholecystectomy was not indicated for Skyla Britt.
Violation Three
415. Upon the discovery of an 80% intrahepatic gallbladder, the standard of care required Dr. Taylor either to immediately involve a hepatobiliary specialist if one was available, or to abort the surgery.
416. Upon the discovery of an 80% intrahepatic gallbladder, Dr. Taylor did not involve a hepatobiliary specialist.
417. Upon the discovery of an 80% intrahepatic gallbladder, Dr. Taylor made no effort to involve a hepatobiliary specialist.
418. Upon the discovery of an 80% intrahepatic gallbladder, Dr. Taylor did not abort the surgery.
Violation Four
419. On March 24, 2020, after the HIDA scan was misread as negative, the standard of care required Dr. Taylor to order further imaging for Skyla, to rule out other complications such as a bowel obstruction, and to refer Skyla to the emergency department for care and monitoring.
420. On March 24, 2020, after the HIDA scan was misread as negative, Dr. Taylor did not order further imaging for Skyla, to rule out other complications such as a bowel obstruction.
421. On March 24, 2020, after the HIDA scan was misread as negative, Dr. Taylor did not refer Skyla to the emergency department for care and monitoring.
Dr. Sykes
422. The standard of care required Dr. Sykes to identify and report a bile leak on Skyla’s March 24, 2020, HIDA scan.
423. Dr. Sykes did not identify and report a bile leak on Skyla’s March 24, 2020, HIDA scan.
Dr. Sappati-Biyyani
Violation One
424. The standard of care required Dr. Sappati-Biyyani to order an MRCP with contrast to identify the specific source of Skyla’s bile leak.
425. Dr. Sappati-Biyyani did not order an MRCP with contrast.
Violation Two
426. The standard of care required Dr. Sappati-Biyyani to consult with a hepatobiliary specialist when Skyla showed signs of a continued bile leak.
427. Dr. Sappati-Biyyani did not consult a hepatobiliary specialist.
Violation Three
428. The standard of care required Dr. Sappati-Biyyani to monitor the drain output after the placement of a biliary stent.
429. Dr. Sappati-Biyyani did not monitor the drain output of Skyla’s abdominal drains.
Violation Four
430. The standard of care required Dr. Sappati-Biyyani to order follow up imaging after placement of the biliary stent.
431. Dr. Sappati-Biyyani did not order follow up imaging after placement of the biliary stent.
Violation Five
432. The standard of care forbade Dr. Sappati-Biyyani to sign off on Skyla’s care before her bile leak was successfully treated.
433. Dr. Sappati-Biyyani signed off on Skyla’s care before her bile leak was successfully treated.
Dr. Andujar
434. The standard of care forbade Dr. Andujar to sign off on Skyla’s care before her bile leak was successfully treated.
435. Dr. Andujar signed off on Skyla’s care before her bile leak was successfully treated.
Ms. Rivers-Fleming
436. The standard of care forbade Ms. Rivers-Fleming to sign off on Skyla’s care before her bile leak was successfully treated.
437. Ms. Rivers-Fleming signed off on Skyla’s care before her bile leak was successfully treated.
Dr. Aziz
Violation One
438. The standard of care required Dr. Aziz to order an MRCP with contrast to identify the specific source of Skyla’s bile leak.
439. Dr. Aziz did not order an MRCP with contrast.
Violation Two
440. The standard of care required Dr. Aziz to consult with a hepatobiliary specialist when Skyla showed signs of a continued bile leak.
441. Dr. Aziz did not consult a hepatobiliary specialist.
Violation Three
442. The standard of care required Dr. Aziz to monitor the drain output after the placement of a biliary stent.
443. Dr. Aziz did not monitor the drain output of Skyla’s abdominal drains.
Violation Four
444. The standard of care required Dr. Aziz to order follow up imaging after placement of the biliary stent.
445. Dr. Aziz did not order follow up imaging after placement of the biliary stent.
Dr. Kim
Violation One
446. The standard of care required Dr. Kim to order an MRCP with contrast to identify the specific source of Skyla’s bile leak.
447. Dr. Kim did not order an MRCP with contrast.
Violation Two
448. The standard of care required Dr. Kim to consult with a hepatobiliary specialist when Skyla showed signs of a continued bile leak.
449. Dr. Kim did not consult a hepatobiliary specialist.
Violation Three
450. The standard of care required Dr. Kim to monitor the drain output after the placement of a biliary stent.
451. Dr. Kim did not monitor the drain output of Skyla’s abdominal drains.
Violation Four
452. The standard of care required Dr. Kim to order follow up imaging after placement of the biliary stent.
453. Dr. Kim did not order follow up imaging after placement of the biliary stent.
Violation Five
454. The standard of care forbade Dr. Kim to sign off on Skyla’s care before her bile leak was successfully treated.
455. Dr. Kim signed off on Skyla’s care before her bile leak was successfully treated.
Dr. Redcross
456. The standard of care forbade Dr. Redcross to sign off on Skyla’s care before her bile leak was successfully treated.
457. Dr. Redcross signed off on Skyla’s care before her bile leak was successfully treated.
Ms. Tanner-Torres
458. The standard of care forbade Ms. Tanner-Torres to sign off on Skyla’s care before her bile leak was successfully treated.
459. Ms. Tanner-Torres signed off on Skyla’s care before her bile leak was successfully treated.
Causation and Harm
460. Skyla Britt suffered harm as a result of the Defendants’ negligence.
461. Skyla Britt endured an unnecessary surgery, suffered the removal of a normal organ, suffered a bile duct injury and complications from the bile duct injury, had a hepaticojejunostomy because of the bile duct injury, and continues to receive medical care as a result of her injuries. Skyla Britt suffered complications from the untreated bile leak that was present on March 24, 2020, but not diagnosed in Dr. Taylor’s office. After the bile leak was negligently created, Skyla Britt suffered an untreated bile leak and suffered from complications of the bile leak.
Damages
462. Plaintiff incorporates by reference, as if fully set forth herein, all preceding paragraphs of this Complaint.
463. As a direct and proximate result of the Defendants’ conduct, Plaintiff is entitled to recover from Defendants reasonable compensatory damages in an amount exceeding $10,000.00 to be determined by a fair and impartial jury for all damages Plaintiff suffered, including physical, emotional, and economic injuries.
464. WHEREFORE, Plaintiff demands a trial by jury and judgment against the Defendants as follows:
a. Compensatory damages in an amount exceeding $10,000.00 to be determined by a fair and impartial jury;
b. All costs of this action;
c. Expenses of litigation pursuant to OCGA 13-6-11;
d. Punitive damages; and
e. Such other and further relief as the Court deems just and proper.
March 3, 2022
Respectfully submitted,
/s/ Lloyd N. Bell
Lloyd N. Bell
Georgia Bar No. 048800
Daniel E. Holloway
Georgia Bar No. 658026
Bell LAW FIRM
1201 Peachtree St. N.E., Suite 2000
Atlanta, GA 30361
(404) 249-6767 (tel)
bell@BellLawFirm.com
dan@BellLawFirm.com
Attorneys for Plaintiff
[1] OCGA 9-2-61. Renewal of case after dismissal. (a) When any case has been commenced in either a state or federal court within the applicable statute of limitations and the plaintiff discontinues or dismisses the same, it may be recommenced in a court of this state or in a federal court either within the original applicable period of limitations or within six months after the discontinuance or dismissal, whichever is later, subject to the requirement of payment of costs in the original action as required by subsection (d) of Code Section 9-11-41; provided, however, if the dismissal or discontinuance occurs after the expiration of the applicable period of limitation, this privilege of renewal shall be exercised only once.
[2] OCGA 9-11-41. Dismissal of actions; recommencement within six months. (a) Voluntary dismissal; effect: (1) By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by the plaintiff, without order or permission of court: (A) By filing a written notice of dismissal at any time before the first witness is sworn; or (B) By filing a stipulation of dismissal signed by all parties who have appeared in the action. …
[3] OCGA §§ 14-2-510 and 14-3-510 provide identical venue provisions for regular business corporations and for nonprofit corporations:
“Each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside and to be subject to venue as follows: (1) In civil proceedings generally, in the county of this state where the corporation maintains its registered office…. (3) In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if the corporation has an office and transacts business in that county; (4) In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated.”
These same venue provisions apply to Professional Corporations, because PCs are organized under the general “Business Corporation” provisions of the Georgia Code. See OCGA § 14-7-3.
These venue provisions also apply to Limited Liability Companies, see OCGA § 14-11-1108, and to foreign limited liability partnerships, see OCGA § 14-8-46.
OCGA 9-10-31 provides that, “joint tort-feasors, obligors, or promisors, or joint contractors or copartners, residing in different counties, may be subject to an action as such in the same action in any county in which one or more of the defendants reside.”
[4] OCGA 9-11-1 (“This chapter shall be construed to secure the just, speedy, and inexpensive determination of every action.”).
[5] See Atlanta Women’s Specialists v. Trabue, 310 Ga. 331 (2020) (“Georgia is a notice pleading jurisdiction. Generally, our Civil Practice Act (CPA) advances liberality of pleading. … [A] complaint need only provide fair notice of what the plaintiff's claim is and the grounds upon which it rests. ‘It must be remembered that the objective of the CPA is to avoid technicalities and to require only a short and plain statement of the claim that will give the defendant fair notice of what the claim is and a general indication of the type of litigation involved; the discovery process bears the burden of filling in details.’”) (cleaned up).
[6] See, e.g.:
Dent v. Memorial Hospital, 270 Ga. 316 (1998) (medical malpractice case; reversing judgment in favor of hospital, because jury instructions did not make clear that both ordinary negligence and professional malpractice would authorize a verdict against the hospital);
Lowndes County Health v. Copeland, 352 Ga. App. 233 (2019) (medical malpractice case; affirming verdict for both ordinary negligence and professional negligence against a skilled nursing facility).
[7] OCGA 9-11-1 (“This chapter shall be construed to secure the just, speedy, and inexpensive determination of every action.”).