Smith v. North Fulton Medical Center

I agree with the disposition of the professional negligence claim, but dissent because I believe the trial court also properly granted summary judgment as to any claim for ordinary negligence.

In the initial complaint, Smith alleged that, because “[b]oth rails of the bed were improperly positioned and not raised all the way up” when she fell out of her bed, the hospital was negligent in its duty to provide proper care and supervision. Although the complaint specifically stated the alleged negligent placement of the side rails, it made only a general allegation as to who at the hospital was…