Hospital Specialists of GA PC v. Gray

The trial court correctly allowed medical malpractice plaintiff to substitute the name of one doctor for that of another doctor after the expiration of the statute of limitation.

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This case arises from the trial court’s denial of Hospital Specialists of Georgia, P. C.’s HSG motion for summary judgment. Because we hold that the trial court correctly allowed the plaintiffs to substitute the name of one doctor for that of another doctor after the expiration of the statute of limitation, we affirm.

On December 19, 2011, John William Gray, Jr., the plaintiff filed a wrongful death action alleging that various instances of medical malpractice resulted in the death of his wife, Cynthia Gray. Cynthia, who was 55 at the time, had undergone total knee replacement surgery, but after surgery she aspirated into her lungs, developed acute respiratory distress syndrome ARDS, suffered a cardiac arrest, and then complete organ failure, eventually dying. Pertinent to this appeal, the plaintiff alleged in the complaint that Dr. Allen Garrison was an agent or employee of HSG, and Dr. Garrison violated the standard of care on or about January 2, 2010, as more fully stated in the attached affidavit, which violation resulted in Cynthia’s death. In the attached affidavit, Dr. Jeffrey Schwartz averred that on January 2, 2010, at 9:30 a.m., Dr. Allen Garrison, who appears to be acting as the attending physician for Ms. Gray, ordered a consultation with pulmonologist Dr. Mark Hendricks, given that Ms. Gray had suffered pulmonary issues since her admission on December 31, 2009. . . . Dr. Hendricks did not appear for the consultation. Dr. Schwartz opined that a breach of the standard of care occurred when the pulmonolgist failed to see Cynthia for ten hours subsequent to the initial consult order, and if that failure was caused by Dr. Garrison’s failure to follow up on the order, then Dr. Garrison breached the standard of care.

Hospital Specialists of GA PC v. Gray

The trial court correctly allowed medical malpractice plaintiff to substitute the name of one doctor for that of another doctor after the expiration of the statute of limitation.

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