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Pruette v. Ungarino

The trial court erred in granting the defendant hospital's motion for new trial following a wrongful death action alleging medical negligence in the death of the plaintiff's mother, whose death was allegedly the result of a morphine overdose, since there was no impermissible testimony injected into the trial regarding the lack of informed consent.

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These appeals arise from a wrongful death action alleging medical negligence brought by the plaintiff for the death of her mother, who died allegedly as the result of receiving an overdose of morphine ordered by Dr. Thomas Ungarino and administered by a nurse employed by Phoebe Putney Memorial Hospital “Phoebe Putney” collectively, “defendants”. The case proceeded to a jury trial, and the jury returned a verdict for the plaintiff and against the defendants, jointly and severally. Dr. Ungarino and Phoebe Putney filed separate motions for new trial, which the trial court granted on the grounds that it had erred as a matter of law in allowing plaintiff’s expert pulmonologist to offer opinions “in which the issue of informed consent was injected into the standard of care evidence.” The case was retried, and at the second trial, the jury absolved Dr. Ungarino but found against Phoebe Putney. Phoebe Putney filed a motion for new trial from the second trial, which was denied.

For the purposes of appeal, we consolidate Case Nos. A13A1833, A14A0044, and A14A0045.

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