Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Brahn v. Young

The plaintiff filed suit more than two years after the defendant allegedly misdiagnosed her medical condition.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This is an appeal from the denial of a motion for summary judgment filed by George Brahn, M.D. and his employer, Surgical Associates of Warner Robins, P.C. collectively “Brahn” in a medical malpractice action filed against them by Sylvia and Sid Young. Brahn argued in the motion that the statute of limitation had expired at the time the complaint was filed. The trial court concluded that the doctrine of collateral estoppel barred Brahn’s arguments and that the statute of limitation had not expired. It denied the motion on these grounds. We granted Brahn’s application for interlocutory appeal, and finding both rulings to be erroneous, we reverse. On December 24, 1996, Brahn repaired Sylvia Young’s hernia. She did not heal properly and over the next 19 months returned repeatedly to Brahn for treatment of her infected wound. Brahn last saw Young in July 1998. Young changed doctors, and during an exploratory procedure in November 1998, her new doctor discovered and removed Marlex mesh from Young’s abdomen.1 Young then saw an infectious disease specialist who treated her through the spring of 1999.

The Youngs filed this action June 22, 2000 against Brahn and his employer, alleging that in his treatment of Sylvia Young, Brahn negligently misdiagnosed the cause of her infection. The complaint alleged that following Young’s surgery, she “continued to have persistent and chronic pain, drainage and other problems with the site of the hernia procedure” and that she allegedly sought treatment from Brahn “for these painful and chronic symptoms on a regular basis up to, including and subsequent to July 24, 1998.” Attached to the complaint was the affidavit of Dr. Gary Ludi, which recited that Brahn “failed to properly diagnose the infection present in plaintiff’s abdomen due to infected mesh despite numerous examinations including exploration procedures” and that Brahn “failed to properly treat a chronic infection case by removal of the infected mesh.”

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Client Services/Hospitality Representative - Florida Office

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›
Legal Practice Assistant - Florida Office

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
Litigation Associate - Philadelphia, PA

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements