The Estate of Minnie Lee Tomlinson, by and through its executrix, Cynthia Gouge Morrison, (the“Estate”) sued Houston Healthcare (the “Hospital”), alleging that when Tomlinson arrived at the Hospital’s emergency department in an unstable emergency medical condition resulting from her chronic kidney disease, the Hospital failed to properly screen, stabilize, and admit her as an inpatient or transport her to another medical facility for treatment. The Estate asserted claims against the Hospital for alleged violations of the federal Emergency Medical Treatment and Labor Act (“EMTALA”), 42 USCA § 1395dd, negligence, and failure to maintain medical records. The Hospital filed a motion to dismiss, which the trial court granted. The trial court dismissed the Estate’s EMTALA and negligence claims for failure to file an expert affidavit pursuant to OCGA§ 9-11-9.1. The trial court dismissed the Estate’s claim for failure to maintain medical records on the ground that no such cause of action exists under Georgia law. The Estate appealed from the dismissal order.
The Court of Appeals of Georgia, in its August 13, 2024 opinion, stated: “We conclude that the Estate’s EMTALA claim against the Hospital for failure to provide an appropriate medical screening examination does not sound in professional negligence and thus is not a claim for professional malpractice within the meaning of OCGA§9-11-9.1 so as to trigger the expert affidavit requirement imposed by that statute … unlike a professional negligence claim, an EMTALA screening claim is not predicated on a general professional standard of care; instead, EMTALA only requires “an appropriate medical screening examination within the capability of the hospital’s emergency department.” 42 USCA§ 1395dd(a) … Because EMTALA screening claims are not professional negligence claims based on a general professional standard of care, the expert affidavit requirement imposed by OCGA § 9-11-9.1 on claims for professional malpractice does not apply.”
“In contrast to the Estate’s EMTALA screening claim, we conclude that its EMTALA stabilization claim constitutes a claim for professional malpractice within the meaning of OCGA§ 9-11-9.1 and thus triggers the expert affidavit requirement. To succeed on an EMTALA stabilization claim, a plaintiff must show that: (1) the patient had an emergency medical condition; (2) the hospital had actual knowledge of that condition; (3) the hospital failed to provide, with the staff and facilities available to it, further medical examination and treatment as may be necessary to stabilize the patient prior to his or her transfer or discharge; and (4) the patient suffered personal harm as a direct result of that failure … Because compliance with the EMTALA stabilization requirements involves the exercise of medical judgment and a reliance on general standards of professional care in evaluating the treatment given to stabilize the patient, we conclude that an EMTALA stabilization claim is “a claim against [a] hospital based upon the negligent act of a professional using his professional judgment and skill ”and therefore is subject to the expert affidavit requirement imposed by OCGA§ 9-11-9.1.”
Estate of Tomlinson v. Houston Healthcare, A24A0704.
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(a)..”
