Appellants Kimberly D. Walker and her husband Scott Walker, individually and as the surviving parents of their unborn child, brought the instant medical malpractice action against appellees Dr. Wendy S. Giles, Dr. Vonda L. Klein, Dr. J. Philip Gingrey, and their OB-GYN practice, alleging that appellees failed to properly diagnose and treat Ms. Walker’s acute appendicitis, causing her to suffer severe physical and cognitive damage and the loss of her fetus after her appendix ruptured. After a jury trial had commenced and appellants had presented their case-in-chief, appellees moved for directed verdict on the grounds that appellants had failed to present evidence showing cause-in-fact and proximate cause. The trial court granted the motion, from which appellants now appeal. For the reasons set forth below, we reverse. A directed verdict is proper only if there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a verdict. In determining whether a conflict in the evidence exists, the court must construe the evidence most favorably to the party opposing the motion for a directed verdict. Footnotes omitted. Knight v. West Paces Ferry Hosp., Inc. , 262 Ga. App. 220, 220-221 585 SE2d 104 2003. See also Hodges v. Vara , 268 Ga. App. 815, 818 1 a 603 SE2d 327 2004. We must reverse the trial court’s grant of a directed verdict if there was “any evidence ” to support the nonmovant’s claims. Hodges , 268 Ga. App. at 818 1 a. See also Snider v. Basilio , No. A05A0847, 2005 WL 2715854, at 3 1 Ga. Ct. App. Oct. 24, 2005. Mindful of this standard, we turn to the record in the instant case. At the time of the events at issue, Kimberly Walker, a 30-year-old mother of 2 children, was 15-to-16 weeks pregnant. During the course of her pregnancy, Walker saw the obstetricians at Marietta OB-GYN Affiliates, P. A. Walker had been a patient of Marietta OB-GYN during a prior pregnancy and had reestablished her relationship with the physicians there.
Wednesday, June 20, 2001. Viewed in the light most favorable to the nonmovant, at approximately 9 a. m. on Wednesday, June 20, 2001, Walker experienced the onset of severe periumbilical pain, vomiting, diarrhea, and a decreased appetite. Because she “was in too much pain,” was “doubled over,” and “could not drive,” Walker had her mother-in-law drive her to Marietta OB-GYN for treatment that afternoon. After she arrived at Marietta OB-GYN, a nurse practitioner evaluated Walker and assessed her as having a viral syndrome which had caused her to become dehydrated.1 As a result, Walker was provided anti-nausea medication and was sent to the Outpatient Infusion Center at Kennestone Hospital for rehydration.
