Dawkins v. Union Hospital

Appellant Sarah Dawkins appealed the trial court's decision to grant Union Hospital District d/b/a Wallace Thomson Hospital's (the Hospital) motion to dismiss with prejudice and finding that Appellant was required to comply with the statutory requirements for filing a medical malpractice claim, specifically the Notice of Intent (NOI) and expert affidavit requirements. The Supreme Court emphasized that not every action taken by a medical professional in a hospital or doctor's office necessarily implicates medical malpractice and, consequently, the requirements of the applicable notice statute. Here, the Supreme Court found that Appellant's claim sounded in ordinary negligence and was not subject to the statutory requirements associated with a medical malpractice claim. Appellant's complaint made "clear that she had not begun receiving medical care at the time of her injury, nor does it allege the Hospital's employees negligently administered medical care. Rather, the complaint states that Appellant's injury occurred when she attempted to use the restroom unsupervised, prior to receiving medical care." The Supreme Court reversed the trial court and remanded the case for further proceedings. View "Dawkins v. Union Hospital" on Justia Law