Pendley v. Southern Regional Health System, Inc.
307 Ga. App. 82
| Ga. Ct. App. | 2010Background
- Pendley sued Southern Regional Health System in Georgia for medical malpractice.
- Decedent Mark Pendley arrived at Southern Regional ER on Nov 29, 2003 with nausea, abdominal pain, electrolyte imbalance, tachycardia, and hypotension; initial tests were inconclusive.
- Mark was admitted to telemetry on Nov 30, after discussions between Dr. Watkins and Dr. Okoro; he deteriorated and died on Dec 2, 2003.
- Pendley relied on expert Dr. Ilowide to claim institutional failure and nursing breaches; trial court excluded Ilowide’s nursing-standard testimony and granted summary judgment for Southern Regional.
- Trial court judgment granted summary judgment for Southern Regional and Pendley appealed, challenging the Dr. Okoro employment issue, ostensible agency issue, and nursing expert testimony issue; the Court of Appeals affirmed.
- Pendley’s claims depend on whether Dr. Okoro was an employee of Southern Regional, whether there was ostensible agency, and whether nursing care breaches causally led to death.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Dr. Okoro an employee of Southern Regional? | Pendley argues hospital exercised control over Okoro and thus employment status. | Southern Regional contends Okoro was not its employee; he maintained a separate practice. | No triable issue; court affirmed summary judgment that Okoro was not an employee. |
| Was there apparent/ostensible agency of Dr. Okoro for Southern Regional? | Pendley asserts hospital represented Okoro as its agent. | No representation or reliance evidence shows Okoro as hospital employee or agent. | No triable issue; court affirmed summary judgment on ostensible agency. |
| Is Dr. Ilowide qualified to testify to nursing standard of care? | Ilowide should testify on nursing standard based on record and training. | Ilowide lacks nursing qualifications and did not meet OCGA § 24-9-67.1(c)(2)(D). | Court did not abuse exclusion; Ilowide not qualified to opine on nursing standard. |
| Did the nursing negligence evidence create a triable issue of causation? | Nursing breaches, if proven, caused Mark’s death. | Lack of admissible nursing expert and causation evidence. | |
| Summary judgment upheld; insufficient evidence to establish proximate cause. |
Key Cases Cited
- Cooper v. Binion, 266 Ga.App. 709, 598 S.E.2d 6 (2004) (Ga. App. 2004) (tests for hospital employee vs. independent contractor; factors to determine control and employment)
- Brown v. Coastal Emergency Svcs., 181 Ga.App. 893, 354 S.E.2d 632 (1987) (Ga. App. 1987) (hospital control of physician hours relevant to employee status)
- Hollingsworth v. Ga. Osteopathic Hosp., 145 Ga.App. 870, 245 S.E.2d 60 (1978) (Ga. App. 1978) (hospital control over physician scheduling considered in summary judgment)
- Williamson v. Coastal Physician Svcs. of the Southeast, 251 Ga.App. 667, 554 S.E.2d 739 (2001) (Ga. App. 2001) (whether physician controls own time affects employee status)
- Ellison v. Burger King Corp., 294 Ga.App. 814, 670 S.E.2d 469 (2008) (Ga. App. 2008) (evidence standard for summary judgment in professional malpractice)
- Dawson v. Leder, 294 Ga.App. 717, 669 S.E.2d 720 (2008) (Ga. App. 2008) (expert qualifications required for opinion in malpractice cases)