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King v. Dodge County Hospital Authority6/27/2005
in a manner that left no doubt in the minds of reasonable people that she was revoking her consent to the procedure, here, as in Mims, "the suit [fails] nevertheless because the second essential was not proven." Id. at 485.
In her brief, King attempts to minimize the issue created by the rationale for requiring medical evidence by providing no supporting analysis and simply concluding that the procedure in question was not an emergency and that Kehayes's conduct raises no issues with regard to any applicable standard of care. Indeed, it might seem to have been a matter of common sense, particularly viewing it with the perfect clarity of hindsight, that Kehayes should have called the doctor earlier. Because of her background, training, and experience, however, Kehayes had medical knowledge to which we are not privy. And, as appellees point out, concluding at this juncture that the situation was not an emergency "begs the very question raised in this appeal, i.e., what would a medical professional say about this issue?"
We must bear in mind that the crucial issue is not whether Kehayes acted improperly or whether she should have stopped trying to insert the IV line and called the doctor earlier. Rather, the issue is whether in making that decision, she was required to weigh alternatives and to apply her specialized knowledge and skill. While she may have known that King fervently wanted her to stop, she still had orders from King's physician requiring intravenous administration of the antibiotics. She had to assess her capability of accomplishing what the doctor ordered in light of her difficulty in finding a vein in King's arm. She was required to decide whether King's illness absolutely required this mode of treatment or whether it could safely be abandoned. These questions all required professional decision-making. The fact that Kehayes may have made an improper decision is irrelevant to this issue; if King believed that was so, her remedy was a suit for professional malpractice because Kehayes made an improper medical judgment.
In summary, even if King's consent was withdrawn, the issue facing Kehayes, i.e., whether she should abandon her attempts at starting the IV line, was one that required her to apply her professional experience, expertise, and judgment to resolve. Lacking medical expertise, the fact finder could not resolve this issue without the assistance of expert medical opinion, as required by OCGA ยง 9-11-9.1. See Mims, supra, 110 Ga. App. at 484. Because King failed to file an expert affidavit, the trial court did not err in granting the motion to dismiss.
Judgment afffirmed. Ellington and Adams, JJ., concur.
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