Robles et al. v. Yugueros et al.

The Court affirmed the trial court's decision to exclude certain deposition testimony the medical malpractice plaintiff sought to admit as an admission against interest, because plaintiff failed to meet his burden of proving that the evidence was admissible.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Barnes, Presiding Judge.In Yugueros v. Robles, 300 Ga. 58 (793 SE2d 42) (2016), the Supreme Court of Georgia reversed our decision in Robles v. Yugueros, 335 Ga. App. 324 (779 SE2d 139) (2015), then remanded the case to this Court for proceedings consistent with its opinion. Yugueros, 300 Ga. at 67. We thus vacate our earlier decision, and for reasons discussed below, we affirm.As set forth by the Supreme Court, this case arose from the following facts. Iselda Moreno, wife of Rudy Robles, received liposuction, buttock augmentation, and abdominoplasty surgery performed by Dr. Patricia Yugueros of Artisan Plastic Surgery, LLC (“[medical practice group]“) on June 24, 2009. Suffering abdominal pain, Moreno went to the emergency room at Gwinnett Medical Center (“GMC”), where Dr. Michael Violette ultimately discharged her after determining her abdominal x-ray was unremarkable. A GMC radiologist, Dr. James York, who later saw Moreno’s abdominal x-ray, could not rule out the possibility of “free air” in her abdomen, which could be a normal post-operative condition or could indicate a more serious issue. He recommended a CT scan and posted this opinion in Moreno’s electronic medical record.

Moreno’s pain worsened and Robles contacted Dr. Yugueros on Moreno’s behalf, who directed him to take Moreno to Northside Hospital, where Dr. Yugueros had privileges; there, Dr. Yugueros provided certain treatment, but did not order a CT scan or procure the radiology report from GMC. Dr. Yugueros, in concert with various other medical professionals, ordered other tests, including an abdominal x-ray, which showed evidence of abdominal free air. Several hours later, on June 28, 2009, Moreno died.

Robles et al. v. Yugueros et al.

The Court affirmed the trial court's decision to exclude certain deposition testimony the medical malpractice plaintiff sought to admit as an admission against interest, because plaintiff failed to meet his burden of proving that the evidence was admissible.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report