Turner v. Medical Center of Central Georgia: Malpractice Verdict Upheld

The case of The Medical Center of Central Georgia, Inc. v. Turner arose following the death of Allen Turner, who suffered complications from a surgery to remove a polyp from his intestines. Allen's daughter, Norkesia Turner, filed a lawsuit against Dr. William Thompson, Dr. Heather Nolan, and their employer, the Medical Center of Central Georgia (MCCG), alleging medical malpractice and wrongful death.

Allen had been referred to Dr. Thompson for surgery after being diagnosed with a polyp in the distal duodenum. Prior to the operation, he underwent multiple diagnostic procedures, including an endoscopy, colonoscopy, and a small bowel follow-through series. However, no CT scan or MRI was performed before the surgery. During the operation, the surgeons discovered a cancerous mass significantly larger than a golf ball, requiring them to expand the scope of the procedure. Complicating matters further, the surgeons unexpectedly encountered a large pulsing blood vessel near the aorta, later identified as the superior mesenteric artery (SMA). This artery, a critical vessel supplying blood to the intestines, was found to be in an abnormal position, making it difficult for the surgeons to identify. At some point during the surgery, the SMA was clamped on both sides and inadvertently severed.

Following the procedure, Allen underwent multiple additional surgeries in an attempt to repair the damage but ultimately died due to multi-system failure. His daughter later pursued legal action, asserting that the failure to order pre-surgery imaging led to the fatal outcome.

Trial and Jury Verdict

The case proceeded to a jury trial, where expert testimony played a role in establishing medical malpractice. Turner's expert, Dr. Marvin Evans, testified that the severance of the SMA directly caused Allen’s death. He further asserted that performing a pre-surgery CT scan would have likely revealed the abnormal positioning of the SMA, reducing the risk of the vessel being severed.

The jury found in favor of Turner, awarding a total of approximately $9.2 million in damages, including:

• $618,853.59 for medical and funeral expenses,
• $1,443,300 for Allen’s pain and suffering, and
• $7,216,500 in noneconomic damages for wrongful death.

The defendants challenged the verdict, arguing that Turner had failed to establish causation and that the noneconomic damages exceeded the statutory cap under O.C.G.A. § 51-13-1, which limits such damages to $350,000.

The Court’s Decision

On appeal, the Court of Appeals of Georgia affirmed the trial court’s judgment. The court determined that Turner had provided sufficient evidence to prove causation by a preponderance of the evidence. The testimony from Turner's expert established that a pre-surgery CT scan would have likely identified the abnormal position of the SMA, potentially preventing the severance that led to Allen’s death.

Regarding the damages, the appellate court ruled that the jury’s award of noneconomic damages was valid, despite exceeding the statutory cap. The court cited the Supreme Court of Georgia’s decision in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, which had previously ruled that the damages cap in O.C.G.A. § 51-13-1 was unconstitutional as it violated the right to a jury trial. Since wrongful death is explicitly included within the statutory language of the damages cap, the court upheld the full jury award.

Conclusion

The decision in The Medical Center of Central Georgia, Inc. v. Turner underscores the critical role of expert testimony in medical malpractice cases and reinforces the importance of pre-surgery diagnostic procedures. Additionally, the case reaffirms the unconstitutionality of Georgia’s cap on noneconomic damages in medical malpractice and wrongful death cases. The ruling ensures that plaintiffs can recover full damages as determined by a jury, without being subject to legislative limitations.

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