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EHCA Dunwoody LLC v. Daniel

The plaintiff developed severe interstitial cystitis IC from use of a latex catheter, which the medical center inserted into her while she was under its care, even though she informed the medical center prior to her admission that she was allergic to latex.

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Bonnie Daniel sued EHCA Dunwoody LLC d/b/a Emory Dunwoody Medical Center and others collectively “Emory” or “the hospital” for medical malpractice. The case proceeded to trial, and a jury found in favor of Daniel. Emory subsequently moved for judgment notwithstanding the verdict “judgment n.o.v.” or, in the alternative, for a new trial. The trial court denied Emory’s motion, and Emory appeals. For reasons that follow, we affirm. 1. A party is entitled to a judgment n.o.v. “only where there is no conflict as to any material issue and the evidence introduced, including all reasonable deductions from that evidence, is such that only one reasonable conclusion may be drawn as to the proper judgment.”1 If any evidence supports the jury’s verdict, a judgment n.o.v. should not be granted.2

In her complaint, Daniel alleged that she was admitted to the hospital on August 22, 2000. Daniel informed Emory prior to her admission that she was allergic to latex. Nevertheless, a latex catheter was inserted into Daniel while she was under Emory’s care. Asserting that she suffered an adverse reaction to the catheter, Daniel sued for malpractice.

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