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Georgia Clinic PC v. Stout

The jury's punitive damages award to the plaintiffs was supported by clear and convincing evidence that the defendants' negligence in improperly administering an injection to a patient's arthritic knee exhibited an entire want of care and a conscious indifference to consequences, causing her great pain and leading to her suicide.

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After receiving an injection in her arthritic knee at the Georgia Clinic, P.C., Cho Kim developed a painful and difficult to treat knee infection; a few months later, she committed suicide. Claiming that the injection to Kim’s knee caused the infection and her suicide, Chum Sook Park, as next of kin, and Herman Edward Stout, as the administrator of Kim’s estate collectively, “plaintiffs”, filed the instant medical malpractice suit seeking compensatory and punitive damages against the following defendants: Georgia Clinic, P.C.; Yong Kwon, P.A.; William Eyzaguirre, M.D.; and Naresh Parikh, M.D. collectively, “defendants”. After trial, the jury found in favor of the plaintiffs and awarded compensatory and punitive damages against the defendants. The defendants appeal from the denial of their motion for a new trial, or in the alternative, for j.n.o.v.1

The defendants argue that the trial court erred in denying their motions for the following reasons: 1 the evidence presented at trial was insufficient to support an award of compensatory and punitive damages; 2 the evidence presented at trial was insufficient to show that a failure to supervise was a proximate cause of the plaintiffs’ damages; 3 the trial court erred in rendering a judgment on a void verdict; 4 the punitive damages were excessive; 5 the plaintiffs’ expert testimony was speculative; and 6 the trial court’s jury instructions were in error. Finding no reversible error, we affirm.

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