A State Court of DeKalb County jury returned a defendants’ verdict in Monique and Wayne Steele’s medical malpractice action against Paul Browne, M.D., and Atlanta Maternal-Fetal Medicine, P.C. collectively, “Dr. Browne”. The Steeles alleged that on October 19, 2000, three days before their fetus was delivered stillborn, Dr. Browne negligently failed to hospitalize Ms. Steele when he found that her blood pressure had spiked. Following the denial of their motion for new trial, the Steeles appeal, contending the trial court erred in overruling their objection to defense counsel’s closing argument to the effect that the Steeles bore the burden of proving the absence of an intervening cause and in denying their request for curative instructions. They also challenge the trial court’s sua sponte decision to allow the jury to submit questions for witnesses and to deliberate before the conclusion of the trial, certain evidentiary rulings, and the final jury instructions. Because defense counsel’s argument was improper and could have affected the jury’s verdict, the trial court erred in denying the Steeles’ request for corrective action. Accordingly, we reverse. 1. The Steeles contend the trial court erred in overruling their objection to defense counsel’s closing argument to the effect that the Steeles bore the burden of proving the absence of an intervening cause and in denying their request for curative instructions. When a litigant’s closing argument is not based on the evidence and is improper under the law, and the trial court overrules his opponent’s objection mistrial on that basis and fails to take corrective action, an appellate court will reverse a judgment if it finds that the uncorrected improper argument could have affected the jury’s verdict. Reid v. Odom , 199 Ga. App. 146, 147-148 1 404 SE2d 323 1991.
At trial, the Steeles presented evidence of the following facts. When Ms. Steele became pregnant in the spring of 2000, she had a history of hypertension. During a previous pregnancy, she had developed superimposed pre-eclampsia which required an emergency surgical delivery when she was 27 weeks pregnant. On May 3, 2000, Ms. Steele began prenatal treatment in the pregnancy at issue in this case with an obstetrical group. One month after her prenatal care began, Ms. Steele’s blood pressure increased. Her obstetricians placed her on medication and referred her to Atlanta Maternal-Fetal Medicine for additional prenatal care. For over three months, her blood pressure remained within acceptable limits. On October 16, 2000, when Ms. Steele was approximately 31 weeks pregnant, her blood pressure was 120/80. Three days later, however, Dr. Browne found that Ms. Steele’s blood pressure had increased to 170/105. He increased her blood pressure medication and ordered lab tests but did not admit her to the hospital. On October 22, Ms. Steele woke at 8:00 a.m. and soon felt a heavy, painful pressure in her belly. After a series of telephone conversations with her midwife, Ms. Steele was admitted to the hospital at 4:15 p.m.; the triage nurse detected no fetal heartbeat at that time. The fetus was delivered still-born at 6:49 p.m.
