William D. Taylor, Jr. v. Cheryl Lynn Fields
340 Ga. App. 706
| Ga. Ct. App. | 2017Background
- Laura Josey was admitted to Shamrock Nursing & Rehabilitation (Sept–Dec 2010) under care of Dr. William Taylor Jr.; plaintiff Cheryl Fields sued individually and as administrator after Josey’s death, alleging malpractice that led to pressure ulcers, sepsis, and death.
- Claims included negligence, wrongful death, pain and suffering, negligence per se, and punitive damages; Taylor moved for summary judgment after discovery.
- The trial court granted summary judgment for Taylor, finding plaintiffs failed to show proximate cause; Fields appealed (A16A1753) and Taylor cross-appealed an evidentiary ruling (A16A1754).
- Fields’ experts: Dr. John Fullerton opined Taylor breached the standard of care (poor wound care, failure to implement/participate in care plan, inadequate assessments) and that those breaches led to ulcers and death; Dr. Gerald Gowitt (medical examiner) opined death was from sepsis caused by the ulcers.
- The Court of Appeals reviewed de novo whether genuine issues of material fact existed on breach and causation and reviewed the trial court’s exclusion ruling for abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper on causation/proximate cause | Fields: expert testimony links Taylor’s breaches to ulcer formation and sepsis causing death | Taylor: plaintiffs failed to link his specific acts to Josey’s injuries; no proximate-causation expert | Reversed: genuine factual disputes on breach and causation exist; issue for jury |
| Whether experts’ opinions were inadmissible because based on unsworn/uncertified records | Fields: experts reviewed certified records (defense produced records in discovery) | Taylor: experts relied on uncertified/unsworn records | Affirmed: trial court did not abuse discretion; record supports that experts reviewed certified records |
| Whether experts failed to consider sufficient facts or use reliable methods | Fields: experts considered relevant records, photos, affidavits, and applied standard methodologies (differential diagnosis and examination) | Taylor: experts did not review certain depositions and thus opinions are unreliable | Affirmed: claimed deficiencies go to credibility, not admissibility; no abuse of discretion in admitting testimony |
| Whether plaintiffs were required to use a single ‘proximate-causation’ expert | Fields: causation may be established by linking multiple experts’ testimony | Taylor: plaintiffs needed a dedicated proximate-causation expert | Rejected: Georgia law permits causation to be established by combined expert testimony; no such requirement |
Key Cases Cited
- Miranda v. Fulton DeKalb Hosp. Authority, 284 Ga. App. 203 (medical malpractice elements)
- Rubin v. Cello Corp., 235 Ga. App. 250 (summary judgment appellate review)
- Zeller v. Home Fed. Sav. & Loan Assn. of Atlanta, 220 Ga. App. 843 (summary judgment standards)
- Knight v. Roberts, 316 Ga. App. 599 (proximate cause in malpractice cases)
- Walker v. Giles, 276 Ga. App. 632 (linking multiple experts to prove causation)
- Craigo v. Azizi, 301 Ga. App. 181 (abuse of discretion standard for expert admissibility)
- Hendrix v. Fulton Dekalb Hosp. Authority, 330 Ga. App. 833 (expert admissibility review)
- Padgett v. Baxley and Appling County Hosp. Auth., 321 Ga. App. 66 (requirement that expert base opinion on sworn/certified records)
- Hawkins v. OB-GYN Assocs., P.A., 290 Ga. App. 892 (limits on differential diagnosis when opinion contradicts record)