Emory University Hospital v. Sweeney

Blackburn, Judge.

William Sweeney and his wife filed the underlying medical malpractice action against Emory University Hospital (“Emory”) and an unnamed resident who operated on Sweeney. In the malpractice affidavit required to accompany the Sweeneys’ lawsuit, the physician asserted that he reviewed various medical records and a report of the Department of Health & Human Services (DHHR) memorandum in analyzing the matter. He concluded that Emory breached the requisite standard of care by not maintaining appropriate sterile technique during Sweeney’s surgery. Sweeney obtained a copy of the…