Snider v. Basilio

Evidence that a nurse failed the nursing licensing examination three times was not relevant to the plaintiffs' claim that their pediatrician breached the standard of care by hiring the unlicensed nurse and allowing her to answer weekend calls without supervision and the danger of undue prejudice outweighed any probative value.

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This Court granted a writ of certiorari to the Court of Appeals in Snider v. Basilio , 276 Ga. App. 315 623 SE2d 521 2005, and posed this question: In what circumstances, if any, is evidence of a nurse’s failure to pass a licensing examination admissible in a medical malpractice action against the employing physician Rebecca and Matthew Snider brought this medical malpractice action against Dr. Florida Basilio, a pediatrician, Magelie DeVera, her nurse, and others. The cause of action arose when the Sniders’ six-month-old son, Luke, became sick and they called Dr. Basilio’s office. The weekend call was answered by Ms. DeVera, an unlicensed nurse who graduated from nursing school but failed to pass the nursing licensing examination three times. Mrs. Snider relayed Luke’s symptoms and told Ms. DeVera that Luke had been to an after hours clinic where he had been diagnosed with a stomach virus. Ms. DeVera advised Mrs. Snider that Luke should be given fluids and a special diet. Ms. DeVera did not call Dr. Basilio after giving that advice. Early the next morning, Ms. Snider called and spoke with Dr. Basilio directly. The doctor advised the Sniders to give Luke a bottle because he probably was hungry. When Ms. Snider called back again, she was told she could bring Luke to the office. Mrs. Snider took Luke to a hospital emergency room instead. Ultimately, Luke was diagnosed with bacterial meningitis resulting in brain damage and quadriplegia.

At trial, the Sniders introduced expert testimony that Dr. Basilio violated the standard of care by permitting an unlicensed nurse to answer weekend calls and give advice without consulting a supervising physician. To support that testimony, the Sniders showed that Ms. DeVera was not licensed. However, the trial court did not allow the Sniders to show that Ms. DeVera failed to pass the nursing board examination. The Court of Appeals affirmed that aspect of the case, Snider v. Basilio , supra at 317, 318, and we granted certiorari. We now affirm.

Snider v. Basilio

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