After her 52-year-old husband’s sudden death from an apparent heart attack Cynthia A. Guida, as surviving spouse of Michael J. Guida, and as administratrix of Michael J. Guida’s estate, sued Laurence M. Lesser, M.D., Cardiovascular Group, P.C. CG, and two employees of CG, Jim Zacharias and Joette Warnock for wrongful death lodging claims for simple negligence, negligent misrepresentation, and breach of a private duty under OCGA § 51-1-8. The crux of Guida’s complaint was that CG’s delay in scheduling an appointment for an exercise stress test for Michael Guida caused his death.1 On appeal of the grant of summary judgment, this Court reviews the evidence de novo and considers the evidence and all reasonable inferences therefrom in a light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp. , 226 Ga. App. 459 1 486 SE2d 684 1997. So viewed, the evidence shows that on August 20, 1999, Michael Guida went to his regular family physician, Dr. Gerald Adler, complaining of chest pain. Dr. Adler recommended that he continue to take antacids, but apparently an EKG was also done that day. On September 16, 1999, Michael Guida again consulted Dr. Adler. Cynthia Guida testified that “his chest pains had gotten worse, and we were both very concerned about it.” On this occasion, Dr. Adler wrote two referrals, one for a stress test by Dr. Lesser and another for a sigmoidoscopy by an unspecified gastroenterologist. Cynthia Guida explained that Dr. Adler attributed the chest pain to acid reflux or a gastrointestinal problem and did not think that he needed a stress test but gave him a referral anyway.2 She believed that Dr. Adler wrote the referrals at her husband’s insistence.
The next day, Friday September 17, Cynthia Guida telephoned CG to schedule an appointment with Dr. Lesser for the stress test. She testified that an unidentified female employee at CG told her that a referral number from her husband’s insurance company was needed. Guida admitted that some time between the 20th and 22nd of September, she obtained the referral number. After doing so, she telephoned CG and scheduled an appointment with Dr. Lesser for her husband for September 29th. She testified that if she had been offered an earlier appointment she would have taken it but was not told that she had other options such as paying for the visit herself. Guida conceded that she did not ask if her husband could be seen sooner if they paid for the services themselves.
