Medical Malpractice – Battery

King v. Dodge County Hosp. Auth., No. A05A0497 (Ga. Ct. App. June 27, 2005)

A patient alleged that a registered nurse committed a battery upon her when the nurse made several attempts to start an IV in the patient's left hand after the patient protested the location of the IV. The patient did not submit an expert affidavit with her complaint. The patient admitted that such an affidavit is required in a malpractice case. However, the patient claimed that such an affidavit was not required in this case since she was alleging that the nurse committed a battery, not professional negligence. The Georgia Court of Appeals held that the complaint was properly dismissed because it lacked an expert affidavit. The court ruled that since the nurse was using professional experience and decision-making, a fact-finder would need medical knowledge which it did not have without an expert opinion. Since no such expert opinion was provided, the court correctly dismissed the complaint.