Snider v. Basilio

Some evidence authorized the jury to find that the medical malpractice defendant violated the standard of care by having an unlicensed nurse handle her pediatric weekend calls without requiring consultation on the cases where she recommended anything other than seeking immediate treatment.

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This is an appeal from a directed verdict granted to a doctor in a medical malpractice action. Because there is some evidence that the doctor violated the standard of care, the trial court erred in granting the doctor a directed verdict, and we therefore reverse that ruling. On Saturday, February 7, 1998, Rebecca and Matthew Snider’s six-month-old son Luke was vomiting and had a fever of 103.6 degrees Fahrenheit. Ms. Snider took Luke to Pediatric After Hours in Macon, Georgia, where Dr. Harold Sims diagnosed the child as having a stomach virus. The next day, Sunday, February 8, at about 4:30 in the afternoon, Ms. Snider called the office of Florida Basilio, M.D., the family pediatrician. Dr. Basilio’s office is located in Columbus, Georgia, where the Snider family had lived until a temporary job transfer required them to move to the Macon area.

The call was answered by Magelie DeVera, a nurse employed by Dr. Basilio’s professional corporation. DeVera graduated from nursing school in the Philippines in 1993, but she has failed the Georgia nursing examination three times, and does not have a nursing license in Georgia or in any other state. During the telephone call, Rebecca Snider reported Luke’s fever and vomiting. She also reported that Luke had been seen by Dr. Sims in Macon, who had diagnosed Luke with a stomach virus. DeVera advised Snider to mix Sprite or ginger ale with Pedialyte and start Luke on a diet of bananas, rice, applesauce and toast.

Snider v. Basilio

Some evidence authorized the jury to find that the medical malpractice defendant violated the standard of care by having an unlicensed nurse handle her pediatric weekend calls without requiring consultation on the cases where she recommended anything other than seeking immediate treatment.

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