Johnson v. Omondi

The defendant emergency room physician was not entitled to summary judgment in the plaintiff's medical malpractice case, as a reasonable jury could find by clear and convincing evidence that the defendant acted with gross negligence in addressing the decedent's symptoms.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This Court granted a writ of certiorari to the Court of Appeals in Johnson v. Omondi, 318 Ga. App. 787 736 SE2d 129 2012, to determine whether the Court of Appeals properly applied the standards for a medical malpractice claim in a hospital emergency department as found in OCGA § 51-1-29.5 c. Finding that the plurality opinion of the Court of Appeals erred, we reverse.

As set forth in the plurality opinion of the Court of Appeals, and as revealed in the record, Thelma Johnson took her 15-year-old son Shaquille to the emergency department at Phoebe Putney Memorial Hospital on December 29, 2007; a week earlier, Shaquille had undergone arthroscopic knee surgery. Shaquille complained of chest pain; was first seen by a nurse; and then examined by Dr. Price Paul Omondi. Dr. Omondi ordered that Shaquille be administered pain medication, an electrocardiogram “EKG”, and a chest X-ray; he interpreted the results of the EKG and X-ray himself. Dr. Omondi noted that Shaquille had undergone arthroscopic knee surgery a week earlier; he inquired about Shaquille’s medical history and family history and conducted a physical examination. Dr. Omondi ruled out asthma, pericarditis, myocardial infarction, pneumothorax, and, specifically, pulmonary embolism1 as causes of Shaquille’s pain. Dr. Omondi diagnosed Shaquille with pleurisy and discharged him from the hospital with a prescription for an anti-inflammatory pain reliever, and instructions to return to the emergency department if his symptoms continued. Two weeks later, Shaquille did return to the emergency department, but died of a bilateral pulmonary embolism. Further facts can be found in the opinion of the Court of Appeals.

Johnson v. Omondi

The defendant emergency room physician was not entitled to summary judgment in the plaintiff's medical malpractice case, as a reasonable jury could find by clear and convincing evidence that the defendant acted with gross negligence in addressing the decedent's symptoms.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report