372 Ga. App. 644
Ga. Ct. App.2024Background
- Allen Turner died from complications after surgery to remove an intestinal polyp; a major artery (SMA) was accidentally severed during the procedure.
- His daughter, Norkesia Turner, sued Dr. William Thompson, Dr. Heather Nolan, and their employer, the Medical Center of Central Georgia, claiming medical malpractice and wrongful death.
- Turner alleged a pre-surgery CT scan would have revealed the abnormal location of the SMA and potentially prevented the fatal mistake.
- At trial, expert testimony supported both the claim that severing the SMA caused Allen’s death and that proper imaging likely would have prevented the error.
- The jury found for Turner and awarded $9.2 million in damages—$7.2 million for noneconomic damages—which defendants argued exceeded the statutory cap.
- Defendants challenged both causation evidence and the constitutionality of exceeding noneconomic damage caps under OCGA § 51-13-1 on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of causation evidence for medical malpractice | Surgeons’ failure to order a CT scan was below standard of care; expert testified a scan would likely have avoided artery severance and death. | Evidence didn't show the lack of CT scan proximately caused death; causation not established to required legal standard. | Sufficient evidence supported causation; jury verdict affirmed. |
| Application of statutory cap on noneconomic damages in wrongful death | Damage caps are unconstitutional as applied to medical malpractice and wrongful death claims per Georgia Supreme Court precedent. | Cap should apply since the statute specifically includes wrongful death; prior precedent (Nestlehutt) did not directly decide for wrongful death cases. | Cap is unconstitutional in medical malpractice wrongful death claims; jury's damage award upheld. |
Key Cases Cited
- Zwiren v. Thompson, 276 Ga. 498 (articulating elements and evidentiary standards for medical malpractice causation)
- Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (holding noneconomic damages caps in medical malpractice cases violate Georgia’s constitutional right to jury trial)
- Taylor v. Devereux Found., Inc., 316 Ga. 44 (jury trial right includes the full measure of damages for medical negligence at common law)
- Meadows v. Beam, 302 Ga. 494 (standard for reviewing jury verdicts: any evidence standard)
- Adams v. Piedmont Henry Hosp., Inc., 365 Ga. App. 257 (causation in medical malpractice is a jury question except in clear cases)