Ladner v. Northside Hospital, Inc.
314 Ga. App. 136
Ga. Ct. App.2012Background
- Ladner, as executrix, sues Northside Hospital alleging negligent credentialing of Dr. Kassabian to perform prostatic cryosurgery caused her husband Clyde Ladner’s postoperative complications and death.
- The hospital moved for summary judgment arguing no evidence that credentialing was the proximate cause of the injuries or death.
- The trial court ruled Ladner must prove causation through expert testimony on a specialized medical question and granted summary judgment.
- Ladner presented two experts: Hyde on credentialing standards and Cohen on cryosurgery standard of care and post-surgical treatment.
- Cohen testified the rectal injury was a potential complication, and delays in diagnosis and treatment after June 13 caused the fatal outcome; Hyde conceded issues were limited to credentialing for cryosurgery, not general privileges.
- The court held there was no evidence that Kassabian’s cryosurgery was negligent or that credentialing caused the death, so summary judgment for the hospital was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is expert testimony required to prove causation for negligent credentialing? | Ladner argues lay jurors can assess causation from common knowledge. | Hospital relied on Cowart requiring expert causation evidence for medical questions. | No need to decide; causation not proven by any evidence. |
| Did negligent credentialing proximately cause the postoperative complications and death? | Credentialing gaps could have caused the failure to diagnose/treat leading to death. | No evidence linking credentialing to subsequent medical management or death. | No triable issue; no proximate causation shown. |
| Was the rectal injury caused by negligent cryosurgery or a recognized complication independent of negligence? | Gowitt affidavit favored negligence; Ladner’s experts supported causal link. | Cohen and other evidence show rectal injury could be non-negligent and death due to delayed treatment later. | Causation not established; hospital not liable. |
Key Cases Cited
- Cowart v. Widener, 287 Ga. 622 (2010) (specialized medical questions; lay jurors may resolve causation in some cases)
- Benton v. Benton, 280 Ga. 468 (2006) (summary judgment standard and burden of proof; de novo review on appeal)
- Grinold v. Farist, 284 Ga.App. 120 (2007) (causation standards; summary judgment in negligence actions)
- Hardnett v. Silvey, 285 Ga.App. 424 (2007) (burden of proof on causation; expert requirements)
- Whiteside v. Decker, Hallman, Barber & Briggs, 310 Ga.App. 16 (2011) (nonmoving party entitled to inferences; need for evidence to support causation)