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Georgia Court of Appeals Affirms Summary Judgment on Causation – Health Law and Regulation Blog Post by Eric Frisch

September 17, 2018

Recent Health Law and Regulation Update Blog Post by Eric Frisch.

The Georgia Court of Appeals affirmed the trial court’s grant of summary judgment to a defendant hospital. In Edokpolor v. Grady Memorial, the plaintiff claimed her husband died after aspirating Golytely. The doctor’s orders were to administer the medication through a nasogastric tube. The nurse, however, administered it orally.

In support of the complaint, the plaintiff filed an expert affidavit. The expert testified that the nurses were obligated to follow the doctor’s orders and that the administration of the medication by mouth caused aspiration and caused his death. The hospital moved for summary judgment, pointing out there was no evidence the patient aspirated during administration of the Golytely orally, that the patient may have aspirated after ingesting the medication by vomiting, and that administering the medication through a nasogastric tube does not eliminate the possibility of aspiration. Plaintiff did not submit any opposing evidence. The trial court granted the motion and the Court of Appeals affirmed, holding that the affiant’s bare and conclusory allegations about causation did not create a genuine issue of material fact.

The case is Edokpolor v. Grady Memorial, 2018 Ga.LEXIS 507.

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