Michael Reeves v. Vijay Mahathre
328 Ga. App. 546
| Ga. Ct. App. | 2014Background
- Wrongful-death medical malpractice action in Georgia involving Dr. Mahathre and the deceased Reeves; trial court granted summary judgment for defendant.
- Reeves presented to Dorminy Medical Center emergency department on May 21, 2008 with abdominal pain; doctor treated, discharged with antibiotics, pain meds, and without a CT scan or definitive diagnosis.
- Records showed elevated white-blood-cell count but normal urinalysis and x-ray; Reeves discharged as “improved.”
- On May 22 Reeves sought primary care, was admitted later that day, and on May 23-24 deteriorated with urosepsis due to a 5 mm kidney stone; Reeves died May 24, 2008.
- Appeal focused on whether Dr. Mahathre breached the standard of care and whether such breach proximately caused Reeves’s death; appellate court affirmed the grant of summary judgment.
- Court noted causation must be proven to a reasonable degree of medical certainty and supported by expert testimony; defendant’s experts contradicted plaintiff’s causation theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a genuine issue of material fact on causation. | Reeves asserts Mahathre’s breach caused death via obstruction-related infection. | No causation evidence; expert testimony shows no proximate link. | No genuine issue; causation not shown. |
| Whether Mahathre breached the standard of care by not ordering a CT or diagnosing the stone. | Failure to diagnose/CT breached duty. | Even if breach occurred, no causation proven; follow-up would not have changed outcome. | Breach proven but not causation established. |
| Whether the expert testimony creates a triable issue on causation. | Seifter’s general causation opinion supports link. | Braen and Anderson testimony negate proximate causation; no contradicted evidence. | The record lacks sufficient expert evidence to prove causation. |
Key Cases Cited
- Roberts v. Nessim, 297 Ga. App. 278 (Ga. Ct. App. 2009) (expert testimony required to prove causation in medical malpractice)
- Berrell v. Hamilton, 260 Ga. App. 892 (Ga. Ct. App. 2003) (burden shifts once moving party shows entitlement to judgment)
- Grantham v. Amin, 221 Ga. App. 458 (Ga. Ct. App. 1996) (negligence without causation is insufficient for recovery)
- Roseberry v. Brooks, 218 Ga. App. 202 (Ga. Ct. App. 1995) (proof of causation required beyond mere speculation)
- Cannon v. Jeffries, 250 Ga. App. 371 (Ga. Ct. App. 2001) (no recovery where no reasonable degree of medical certainty)
- Anthony v. Chambless, 231 Ga. App. 657 (Ga. Ct. App. 1998) (medical certainty standard for causation in malpractice)
- Zwiren v. Thompson, 276 Ga. 498 (Ga. 2003) (duty of care and expert testimony standards in medical cases)