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Eldred v Blue Cross & Blue Shield of Ga. Inc.

The plaintiff's own decisions in delaying treatment, despite the worsening of her symptoms and the results of an MRI, which showed lesions on the frontal lobe of her brain, were the proximate cause of her stroke.

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In this negligence action, Tina Plants Eldred appeals the trial court’s grant of summary judgment to Blue Cross & Blue Shield of Georgia, Inc. and Blue Cross Blue Shield Healthcare Plan of Georgia, Inc. collectively “Blue Cross”, contending that the trial court erred by finding Blue Cross’s failure to timely approve an MRI was not a proximate cause of a stroke later suffered by Eldred. For the reasons set forth below, we affirm. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp. 1 Viewed in this light, the record shows that, in 2000, Eldred began experiencing bouts of severe dizziness coupled with visual disturbances. After undergoing these spells for over a year, Eldred visited Dr. David Boaz, her primary care physician, on July 9, 2001, and Dr. Boaz referred Eldred to Dr. James M. Kiely, a neurologist.

Dr. Kiely examined Eldred on October 26, 2001, and he determined that Eldred needed an MRI on a non-emergency basis. During Eldred’s appointment, Dr. Kiely instructed her to call him if her symptoms got worse and scheduled a follow-up appointment for January 14, 2002.

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