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Southwestern Emergency Physicians PC v. Nguyen

A jury question remained as to whether a 6-month-old, who was misdiagnosed as having a minor injury in a hospital emergency room as opposed to the serious injury she actually suffered, was provided emergency medical care such that the medical defendants could claim the protections of the gross negligence standard provided in O.C.G.A. § 51-1-29.5 subsection c.

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After six-month-old Keira Pech’s treatment in July 2007 at the emergency room of Phoebe Putney Memorial Hospital, Keira’s parents, Thu Carey Nguyen and Khoeun Pech, brought this negligence action against the hospital, the emergency room physician, the physician’s assistant Michael J. Heyer, and Southwestern Emergency Physicians, P.C. collectively, “defendants”. Plaintiffs moved for partial summary judgment, arguing that because defendants did not supply “emergency medical care” as defined in OCGA § 51-1-29.5 c as a matter of law, they would be liable for any ordinary negligence in the case. The trial court granted the motion. We granted defendants’ application for interlocutory review of this ruling,1 and we now reverse.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.” Walker v. Gwinnett Hosp. System, 263 Ga. App. 554, 555 588 SE2d 441 2003 citations and punctuation omitted. A trial court’s grant of summary judgment is reviewed de novo on appeal, construing the evidence in the light most favorable to the nonmovant. Ethridge v. Davis, 243 Ga. App. 11, 12 530 SE2d 477 2000.

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