X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this medical malpractice case, Mayona Moss sued her physician, William D. Weiss, M.D., for damages arising out of complications from knee replacement surgery.1 A jury trial resulted in a verdict for Weiss. The trial court denied Moss’ motion for new trial and she appeals, contending the trial court made several evidentiary errors and improperly instructed the jury. Finding no error, we affirm. Where the jury returns a verdict which the trial court enters as a judgment, the judgment must be affirmed on appeal if there is any evidence to support the verdict, because the jurors are the exclusive judges of the weight and credibility of the evidence. . . . We must construe the evidence with every inference and presumption in favor of upholding the verdict. Citations and punctuation omitted. DeVooght v. Hobbs , 265 Ga. App. 329, 334 4 593 SE2d 868 2004. Viewed in favor of the jury’s verdict, the evidence showed the following facts. On December 2, 1999, Weiss performed knee replacement surgery on Moss. In Weiss’ post-surgical instructions to hospital personnel, he specifically noted that he did not want “cold therapy” for Moss’ knee by crossing out that portion of the hospital’s standard post-surgical and admissions protocol sheets. During his hospital rounds the morning after surgery, however, Weiss observed that the hospital’s nurses had placed ice packs on Moss’ knee against his orders. Moss’ knee had been wrapped in bandages and covered with a towel, with the ice packs placed on top. The evidence conflicted as to exactly when the ice was placed on Moss’ knee.

Weiss testified that it irritated him that the nurses had failed to follow his orders, and he told Moss that the ice packs were placed on her knee against his orders. Weiss told the nurse in the room that he did not want ice packs on Moss’ knee and she immediately removed the packs, so he thought “that was the end of it.” He did not believe it was necessary to write the same instructions in Moss’ chart. He also testified that he did not mention the ice packs in Moss’ chart because he did not think use of the ice was significant. Weiss testified that he did not see any medical problems associated with the use of ice packs during his exam that day and he did not expect to see any problems develop because of them.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›