Southeastern Pain Specialists, P.C. v. Brown

Companion appeals raised questions about when a jury considering a medical malpractice case might also be instructed on issues of ordinary negligence. Sterling Brown Sr. sued the defendant medical centers and medical professionals individually and on behalf of his wife, Gwendolyn Brown, after she suffered catastrophic brain damage, allegedly from oxygen deprivation while undergoing a procedure to relieve back pain. Mrs. Brown died while this suit was pending, and the complaint was amended to add a wrongful death claim. A trial in which the court instructed the jury on both ordinary negligence and medical malpractice resulted in an award of nearly $22 million. A divided Court of Appeals affirmed. The Georgia Supreme Court granted the defendants’ petitions for certiorari to consider their argument that the Court of Appeals erred by concluding that the evidence supported a claim of ordinary negligence. "The plaintiffs’ case of medical malpractice was very strong. But a very strong case of medical malpractice does not become a case of ordinary negligence simply due to the egregiousness of the medical malpractice." The Supreme Court concluded the Court of Appeals erred in concluding that an ordinary negligence instruction was authorized by evidence that a doctor defendant responded inadequately to medical data provided by certain medical equipment during a medical procedure. Because the verdict was a general one such that the Court could not determine that the jury did not rely on this erroneous theory of liability, it reversed with instructions that the Court of Appeals on remand order a full retrial as to defendants. View "Southeastern Pain Specialists, P.C. v. Brown" on Justia Law