John E. Hall Received Defense Verdict in Medical Malpractice Case

John E. Hall, Jr., recently received a defense verdict after a jury trial in a medical malpractice case filed in the Superior Court of Crisp County, Georgia. Plaintiffs alleged wrongful death of their child as a result of an undiagnosed suppurative appendicitis. The child was seen in a local clinic two days before treatment at the Hospital. Upon presentation to the Hospital, the child was evaluated and treatment was initiated by an independent contractor Emergency Department physician who saw the child for 50 minutes. There was a shift change and the care was turned over to a different physician who treated the child for another three hours until discharge with a diagnosis of gastroenteritis. There was no further contact with the Hospital until the date of death two days later. Plaintiffs filed suit against the Hospital solely for the actions of the first Emergency Department physician on a theory of respondeat superior. At the close of Plaintiffs' case, the Court directed a verdict in favor of the Hospital on the issue of apparent agency, but allowed the case to go to the Jury on the issues of common law agency and professional negligence. After three hours of deliberation, and without deciding the negligence issue, the Jury found that the Emergency Department physician was not the Hospital's employee, but he was an independent contractor for whom the Hospital is not liable. The lowest pre-trial demand was $1MM, and Plaintiffs asked for $9MM at closing.