 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Walker v. Giles11/18/2005
e proximate cause, or at least the causal connection has not been shown."
On appeal, appellants contend that the trial court erred in granting appellees' motion for directed verdict because they presented evidence that, if accepted as true, would establish cause-in-fact and proximate cause.
To recover in a medical malpractice case, a plaintiff must show not only a violation of the applicable medical standard of care but also that the purported violation or deviation from the proper standard of care is the proximate cause of the injury sustained. In other words, a plaintiff must prove that the defendants' negligence was both the cause in fact and the proximate cause of his injury.
(Citations omitted.) Berrell v. Hamilton, 260 Ga. App. 892, 896 (581 SE2d 398) (2003). See also Atlanta Obstetrics & Gynecology Group, P.A. v. Coleman, 260 Ga. 569 (398 SE2d 16) (1990). Each of these two components of causation will be discussed in turn.
1. Cause-In-Fact
In a medical malpractice case, causation must be established through expert testimony. Zwiren v. Thompson, 276 Ga. 498, 500 (578 SE2d 862) (2003).
A mere showing of negligence without proof of causation is insufficient to withstand [a directed verdict]. Medical causation must be proved to a reasonable degree of medical certainty and cannot be based on mere speculation. "A bare possibility" of causing the injury complained of is not sufficient proof of causation as a matter of law.
(Citations omitted.) Berrell, 260 Ga. App. at 896. "Additionally, there can be no recovery for medical negligence involving an injury to the patient where there is no showing to any reasonable degree of medical certainty that the injury could have been avoided," had the physician complied with the applicable standard of care. (Citations and punctuation omitted.) Anthony v. Chambless, 231 Ga. App. 657, 659 (1) (500 SE2d 402) (1998). Questions regarding causation "are peculiarly questions for the jury except in clear, plain, palpable and undisputed cases." (Citations and punctuation omitted.) Horney v. Lawrence, 189 Ga. App. 376, 377 (3) (375 SE2d 629) (1988).
Given these evidentiary standards, appellants were required to come forward with expert testimony that, if accepted as true, showed to a reasonable degree of medical certainty that if appellees had abided by the applicable standard of care, Walker would not have suffered her alleged physical and cognitive deficits and the loss of her fetus. We find that appellants came forward with some evidence of causation and thus were entitled to have a jury resolve the issue.
During the course of trial, appellants offered the testimony of Dr. Martin Evans, a general surgeon, as an expert in the evaluation and work-up of patients, including pregnant patients, with potential abdominal infections. Appellants also offered the testimony of Dr. Cyd Williams, an obstetrician practicing in Atlanta, as an expert in obstetrics and gynecology.
At several points during his testimony, Dr. Evans testified to a reasonable degree of medical certainty that Walker had acute appendicitis "from the very beginning," Wednesday, June 20, 2001, as evidenced by the "entire sequence" of her clinical signs and symptoms reflected in her medical chart and the "shift to the left" seen in the complete blood study performed on Wednesday.
DR. EVANS: f one thinks about the process from Wednesday when she entered the hospital to Friday when she was discharged to . . . Friday night, that process absolutely fits appendicitis from the beginning, appendicitis in the middle, and now appendicitis infection that is overwhelming this patient.
Page 1 2 3 4 5 6 7 8 9 10 11 Georgia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|