Byrd v. Medical Ctr. of Cent. Ga. Inc.

The trial court erred in excluding a surgical manual which directly contradicted the defendants' contention that Georgia physicians were not using certain prophylactic measures to prevent patients from developing deep vein thrombosis following major abdominal surgery.

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In this medical malpractice case, plaintiff George Byrd, individually and as administrator of the estate of decedent Sandra Byrd “Byrd”, appeals from the judgment on a jury verdict in favor of the Medical Center of Central Georgia, Inc. “MCCG”, attending physician Norman Buka, M.D., and OB/GYN resident Sandra Mager, M.D. Byrd challenges the trial court’s decision to exclude certain evidence regarding the applicable standard of care; contends the trial court erred in instructing the jury; and claims that certain jurors should have been excused for cause. Because we find the trial court erred in excluding the evidence and in charging the jury, we reverse.

The following facts are undisputed: Sandra Byrd was a 53-year-old, slightly overweight woman who was treated at the Family Health Center of MCCG for a benign cervical mass. On February 6, 1996, MCCG physicians performed a total abdominal hysterectomy and bilateral salpingo-oophorectomy. During surgery, Byrd was under general anesthesia for two and one half hours. She did not receive any prophylactic care for the prevention of deep vein thrombosis. She was discharged on February 9, 1996. Two days later, Byrd arrived at the MCCG emergency room complaining of shortness of breath. While she was being examined by physicians, Byrd experienced cardiopulmonary arrest. She could not be resuscitated and died shortly thereafter. An autopsy confirmed that her cardiopulmonary arrest was secondary to bilateral pulmonary thromboemboli, blood clots in both lungs resulting from deep vein thrombosis hereinafter “DVT”.

Byrd v. Medical Ctr. of Cent. Ga. Inc.

The trial court erred in excluding a surgical manual which directly contradicted the defendants' contention that Georgia physicians were not using certain prophylactic measures to prevent patients from developing deep vein thrombosis following major abdominal surgery.

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