WEATHINGTON Appellate Team Wins Decision Before Georgia Court of Appeals

  • Nov 17 2020

WEATHINGTON’s appellate team led by David Hanson recently won a decision before the Georgia Court of Appeals.

The underlying medical malpractice case tried by Paul Weathington, Henry Green, and Carter Weathington involved a female plaintiff who complained of headaches and visual disturbances at an appointment at the Defendant Doctor’s office. The Defendant Doctor performed an exam and scheduled follow up appointments for her with an optometrist and an ophthalmologist. She kept neither appointment and never returned.

Several days later, Plaintiff went to a Henry County Emergency Department and was admitted into the hospital for a period of ten days. Plaintiff ultimately lost her vision due to idiopathic intracranial hypertension (elevated blood pressure in the brain that compresses and injures the optic nerve).

Plaintiff sued the Defendant Doctor and the hospital. Prior to trial, she settled with hospital by means of a consent judgment to maintain venue in Fulton County.

WEATHINGTON attorneys successfully kept the Henry County Hospital on the verdict form for purposes of apportionment and also convinced the judge to instruct the jury that the hospital had admitted negligence. The jury reached a defense verdict for the Defendant Doctor.

In an unpublished opinion, the Court of Appeals upheld the verdict, ruling without deciding, that even if it was error to instruct the jury that the hospital had admitted negligence, the error was harmless.

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