Recently, a state appellate court issued a written opinion in a Georgia medical malpractice case requiring the court to determine if a jury’s zero-dollar award for the plaintiff’s pain-and-suffering claim was adequate as a matter of law. Finding that the award was “clearly inadequate,” the court reversed the award. However, since the case involved allegations that the plaintiff was also partially at fault, the court ordered a new trial on both the issues of damages as well as liability.
The Facts of the Case
The plaintiff, who had a history of high blood pressure, woke up one evening with the worst headache she had ever experienced. Later, the plaintiff stated to experience diarrhea and vomiting. After a couple of days, the symptoms had not subsided, and, thinking she had a bad case of food poisoning, the plaintiff went to the emergency room at the defendant hospital.
While at the hospital, the plaintiff explained her symptoms, including her excruciating headache. However, the intake nurse only documented the plaintiff’s gastrointestinal-related symptoms in her chart. Thus, after a short stay at the hospital, the plaintiff was discharged and told to make an appointment with a primary care doctor.