Anthony v. Chambless, A98A0595.
Citation | 500 S.E.2d 402,231 Ga. App. 657 |
Decision Date | 26 March 1998 |
Docket Number | No. A98A0595.,A98A0595. |
Parties | ANTHONY v. CHAMBLESS. |
Court | United States Court of Appeals (Georgia) |
OPINION TEXT STARTS HERE
Paul Cames, Warner Robins, for appellant.
Alston & Bird, Theodore E. G. Pound, Elizabeth Bertschi, Atlanta, for appellee.
This wrongful death case involves allegations of medical malpractice in the failure to diagnose and treat the decedent, Willie C. Anthony. The plaintiff, Emma Anthony, the widow of the decedent, appeals the trial court's grant of summary judgment to the defendant, Dr. Fred Chambless. Concluding that summary judgment was proper because the plaintiff failed to present evidence showing that the defendant's alleged negligence proximately caused the decedent's death, we affirm.
The facts of this case are as follows: at approximately 11:46 a.m. on December 12, 1988, the decedent fell approximately 30 to 40 feet from a bridge being constructed across Interstate 75 in Monroe County. The decedent was transported to the emergency room of Monroe County Hospital, where he was examined by the defendant at approximately 12:14 p.m. The decedent was conscious and aware of his surroundings. After ordering several tests, the defendant determined that the decedent had suffered a severely fractured pelvis and required surgical treatment beyond that available at Monroe County Hospital, which had no surgical facilities. The defendant consulted with the decedent about the need to transfer him to a hospital that had the necessary medical facilities, and the decedent asked to be transferred to Upson County Hospital because it was closer to his home and he had relatives who worked there. At 1:20 p.m. the decedent was transported to Upson County Hospital, and he arrived at approximately 2:00 p.m. However, his condition deteriorated, and he died at approximately 2:50 p.m. It was later determined that the decedent had suffered a ruptured thoracic aorta, which caused him to bleed internally until his death.
The plaintiff sued the defendant on August 5, 1993 in the Superior Court of Taylor County, alleging that the defendant committed medical malpractice when he failed to properly examine or observe the decedent and, therefore, failed to diagnose the decedent's ruptured aorta. Such failure to diagnose the condition allegedly resulted in the decision to send the decedent to Upson County Hospital, which is 40 minutes away from Monroe County Hospital, instead of either keeping the decedent for further observation or transferring him to the Medical Center of Central Georgia in Macon, which is 20 minutes away.
Attached to the complaint was an expert's affidavit, as required by OCGA § 9-11-9.1(a); the affidavit was based upon the expert's review of the decedent's medical records. However, no certified medical records were attached to the affidavit, as required by OCGA § 9-11-56(e).1 See Paulin v. Okehi, 264 Ga. 604, 605, n. 2, 449 S.E.2d 291 (1994); Loving v. Nash, 182 Ga.App. 253, 255, 355 S.E.2d 448 (1987). Therefore, the medical records were not part of the trial court's record and were unavailable for review on the defendant's motion for summary judgment.
The defendant's answer denied any professional negligence on his part and further asserted that his acts or alleged omissions in rendering treatment did not cause or contribute to the decedent's demise. The defendant moved for summary judgment on February 7, 1996, asserting that the plaintiff had failed to present any evidence of proximate causation. See OCGA §§ 51-1-27; 51-12-8; Goggin v. Goldman, 209 Ga.App. 251, 252-253, 433 S.E.2d 85 (1993); Hawkins v. Greenberg, 166 Ga.App. 574, 575(1)(a), 304 S.E.2d 922 (1983).
On February 28, 1997, the trial court held a hearing on the motion, which was granted on June 25, 1997. In its order, the trial court found that there was "no competent evidence to a reasonable degree of medical probability that the death of plaintiff's husband was caused by the defendant or could have been prevented by him." It is from this order that the plaintiff appeals.
1. In her first enumeration of error, the plaintiff asserts that the trial court erred in granting summary judgment to the defendant after finding that there was no competent evidence that the defendant's actions proximately caused the decedent's death.
(Emphasis supplied in part.) Lau's Corp. v. Haskins, 261 Ga. 491, 405 S.E.2d 474 (1991).
2 (Citations and punctuation omitted; footnote and emphasis supplied.) Goggin v. Goldman, supra at 252-253, 433 S.E.2d 85, quoting Hawkins v. Greenberg, supra at 575, 304 S.E.2d 922; OCGA § 51-12-8; Abdul-Majeed v. Emory Univ. Hosp., 225 Ga.App. 608, 484 S.E.2d 257 (1997); Grantham v. Amin, 221 Ga.App. 458, 471 S.E.2d 525 (1996); Dowling v. Lopez, 211 Ga.App. 578, 440 S.E.2d 205 (1993); Maddox v. Houston County Hosp. Auth., 158 Ga.App. 283, 284, 279 S.E.2d 732 (1981); Parrott v. Chatham County Hosp. Auth., 145 Ga.App. 113, 115, 243 S.E.2d 269 (1978); see also Watson v. United States, 346 F.2d 52 (5th Cir.1965). Although it is not necessary for the plaintiff's experts to use the magic words "reasonable degree of medical certainty" in describing the decedent's prospect of survival with appropriate treatment, such prospect must be more than a mere chance or speculation. See Abdul-Majeed v. Emory Univ. Hosp., supra at 609, 484 S.E.2d 257. Instead, there must be "a realistic assessment of the likelihood that the alleged negligence caused the injury or death." Id. ( ); Grantham v. Amin, supra at 458, 471 S.E.2d 525 ( ); cf. Lee v. Satilla Health Svcs., 220 Ga.App. 885, 888, 470 S.E.2d 461 (1996) ( ).
The evidence in this...
To continue reading
Request your trial-
Pneumo Abex, LLC v. Long
...Stout , 323 Ga. App. 487, 495 (5), 747 S.E.2d 83 (2013) ; Beasley , 289 Ga. App. at 688, 658 S.E.2d 233.33 Anthony v. Chambless , 231 Ga. App. 657, 659 (1), 500 S.E.2d 402 (1998) (punctuation omitted); see Zwiren , 276 Ga. at 500-01, 578 S.E.2d 862 ("Using the specialized knowledge and trai......
-
Hosp. Auth. of Valdosta/Lowndes Cnty. v. Fender
...that the injury to the plaintiff would have been avoided in the absence of the alleged medical negligence. Anthony v. Chambless , 231 Ga. App. 657, 659 (1), 500 S.E.2d 402 (1998). Causation in a medical malpractice case must be proven through expert testimony "because the question of whethe......
-
Zwiren v. Thompson
...state that the expert testimony must provide a causal connection that is "more than mere chance or speculation" (Anthony v. Chambless, 231 Ga. App. 657(1), 500 S.E.2d 402 (1998)); that it must provide more than a mere or bare possibility that the alleged negligence caused the plaintiff's in......
-
Pneumo Abex, LLC v. Long
...v. Stout , 323 Ga. App. 487, 495 (5), 747 S.E.2d 83 (2013) ; Beasley , 289 Ga. App. at 688, 658 S.E.2d 233.33 Anthony v. Chambless , 231 Ga. App. 657, 659 (1), 500 S.E.2d 402 (1998) (punctuation omitted); see Zwiren , 276 Ga. at 500-01, 578 S.E.2d 862 ("Using the specialized knowledge and t......