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Price v. Currie3/25/2003
Annette and Kenneth Price sued physicians Mark S. Currie and J. Steven Johnson for medical malpractice and loss of consortium on November 25, 1998, contending that excessive radiation damaged a nerve in Mrs. Price's arm, and that both doctors withheld their diagnosis of radiation damage until after the period of limitation had passed. The doctors answered and moved for summary judgment, which the trial court initially denied. After the Supreme Court reversed this court on the existence of the continuing treatment doctrine, the defendants renewed their motion for summary judgment, which the trial court subsequently granted. The Prices appeal, and for the reasons that follow, we affirm.
The record in this case includes six depositions, from Mrs. Price, the two defendant doctors, two treating neurosurgeons, and an expert radiology oncologist. Mrs. Price contends that no one ever told her she had suffered a radiation injury to the brachial plexus nerve in her right arm, but rather hid that fact from her and allowed her to undergo useless neck surgery which did not improve her condition at all. She also contends that, because her doctors failed to disclose this diagnosis to her, the running of the statute of limitation should be tolled so that her claim of medical malpractice due to excessive radiation may be heard.
On appeal we review the trial court's grant of summary judgment de novo to determine whether the evidence, viewed in the light most favorable to the nonmoving party, demonstrates a genuine issue of material fact. Summary judgment is proper only when no issue of material fact exists and the moving party is entitled to judgment as a matter of law. Preferred Real Estate Equities v. Housing Systems, 248 Ga. App. 745 (548 SE2d 646) (2001).
Viewed in this light, the record shows that Mrs. Price was diagnosed with right breast cancer and underwent a mastectomy in March 1994. The surgery was followed by chemotherapy, radiation that ended in August 1994, and additional chemotherapy. Dr. Johnson was Price's radiation oncologist and Dr. Currie was her medical oncologist, who oversaw her cancer treatment.
Price began to complain of numbness and tingling in her hand in January 1995, which Dr. Currie thought could be due to side effects of the surgery, diabetic neuropathy, or her sleeping position. By August 1995, Price had numbness from her elbow down, and Dr. Currie suggested she undergo nerve conduction studies by a neurologist to see why she was having this problem. Price did not see the neurologist at that time because she was too busy at work.
During subsequent visits in 1995, Dr. Currie diagnosed Price as having an acute musculoskeletal strain, diabetic neuropathy, and following an MRI, both brachial plexopathy, or damage to her brachial plexus nerve, and cervical disc disease. In March 1996, Price saw neurosurgeon Dr. Kadis for nerve conduction studies. On her intake form, regarding her current complaint, Price wrote
In the months following my operation and treatments [for cancer], I experienced a numbness in my right hand. My doctors thought it was a reaction to radiation, and I would lose use of my arm and hand eventually. I requested an MRI of my neck. It is my greatest hope that you can help me regain the feeling in my hand and arm. I do realize that my condition may not be 100% relieved, but I will be thankful for a partial recovery.
According to Dr. Fredericks, Dr. Kadis's partner who undertook Price's care, a cervical myelogram in March 1996 revealed some abnormalities above and below the site of a previous surgical fusion. Price underwent two epidurals, which she said in April 1996 gave her significant pain relief
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