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Walker v. Giles11/18/2005
easingly painful. Walker's husband drove her to the emergency room at Kennestone Hospital at approximately 11:00 p. m. on Friday evening. In the emergency room, Walker presented with severe right upper and lower quadrant abdominal pain, a life threatening blood pressure of 60/0, a high pulse rate, and blurred vision.
Saturday, June 23, 2001. Shortly after midnight in the early morning hours of Saturday, June 23nd, Walker was seen by the emergency room physician. The emergency room physician ordered a complete blood study. According to appellants' medical experts, the blood study results indicated a significant worsening of Walker's abdominal bacterial infection when compared with the results of the blood study done on Wednesday. The emergency room contacted Dr. Dennis Smith, the on-call general surgeon, to assess Walker.
At approximately 3 a. m. on Saturday morning, Dr. Smith visited Walker in the emergency room. Dr. Smith conducted a physical examination of Walker and diagnosed her with acute cholecystitis, a bacterial inflammation of the gallbladder, which required the removal of her gallbladder. He informed Walker and her husband that the surgery would be scheduled for Monday morning since he was going out of town for the weekend, but that his partner, Dr. Novak, could perform the surgery earlier if an emergency arose. Dr. Smith then had Walker readmitted to the Women's Center at the hospital. In his orders, Dr. Smith wrote: "Please notify Dr. Gingrey et al. of [patient]'s location."
At or about 9 a.m. on Saturday morning, Dr. Gingrey visited the floor in the Women's Center where Walker's room was located and reviewed her chart. Dr. Gingrey wrote orders on the chart, including one order changing an anti-nausea medication initially prescribed by Dr. Smith. However, Walker's husband, who stated that he remained with Walker all day Saturday, testified that he never saw Dr. Gingrey come into Walker's room on Saturday morning or physically examine Walker at any point that day. Walker's husband further testified that he did not see any doctors visit Walker at any time on Saturday, including Dr. Smith or his partner Dr. Novak.
Sunday, June 24, 2001. At approximately 1:20 a. m. on Sunday morning, June 24th, Dr. Gingrey arrived at the Women's Center after being notified that Walker's membranes had spontaneously ruptured. Dr. Gingrey ordered that Walker continue to receive pain medication and intravenous antibiotics, and he noted in his progress notes that a spontaneous miscarriage was "anticipate ." At 2:15 a. m. and 3:15 a. m., respectively, Dr. Gingrey spoke with Dr. Novak, notifying him of Walker's condition and informing him that he believed Walker might have appendicitis rather than cholecystitis. Later that morning, Dr. Novak arrived at the hospital and performed emergency surgery. During the course of the surgery, Walker was found to have acute gangrenous ruptured appendicitis, leading Dr. Novak to remove her appendix. Walker also was diagnosed with septic infection.
After undergoing the appendectomy, Walker lost her fetus, developed acute respiratory distress syndrome ("ARDS"), and had to be placed on a mechanical ventilator. Walker remained on mechanical ventilation for over a month. While on the mechanical ventilator, Walker suffered a stroke. Walker now has permanent right-sided paralysis, significant cognitive deficits, and a recurring seizure disorder.
Appellants subsequently commenced this medical malpractice action against appellees Dr. Giles, Dr. Klein, Dr. Gingrey, and their practice, Marietta OB-GYN, alleging that they were negligent, jointly and severally, in failing to timely diagnose and treat Walker's appendicitis, proximately
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