Georgia Court of Appeals Holds Fact Dispute on Causation in Two Cases

The Georgia Court of Appeals held that the jury should decide two medical malpractice cases on issues of causation.

Everson v. Jordan – in this case, Plaintiffs are the parents of a man who died after running in front of a truck two days after presentation to the emergency department. The Court held that whether the man’s death was reasonably foreseeable to the emergency physician was a jury issue.

Fields v. Taylor – Plaintiffs were the surviving children and estate of a nursing home patient, who developed pressure sores before passing away. Plaintiffs sued the nursing home and the treating physician. The nursing home settled. The trial court granted summary judgment to the physician, ruling there was no evidence to link any alleged acts of the physician to the outcome. On appeal, Plaintiffs alleged they had an expert to opine on violation of standard of care and the treating medical examiner opined the cause of death was sepsis from infected pressure sores. The Court of Appeals reversed summary judgment, holding there was no requirement of a specific “proximate cause” expert and that the jury should decide the link between the alleged negligence and the outcome.

The take-home in both cases is the statement that proximate cause can be proven by linking together disparate pieces of evidence from multiple witnesses. In addition, it remains unclear the extent to which cause-in-fact is an essential element within the proximate cause analysis (compare the holding in the Swint v. Mae case).

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