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Rockdale Hospital, Llcv.Evans Et Al. (Two Cases)

CourtSupreme Court of Georgia
Docket No.S18G1189, S18G1190
DecidedOctober 7, 2019
Reporter306 Ga. 847
JudgesSupreme Court of Georgia
Tags
CivilTort LawMedical MalpracticeWrongful DeathEvidenceCivil ProcedureVacaturRemand
Case Summary

Janice Evans arrived at Rockdale Hospital with a severe headache, vomiting, and extremely high blood pressure, but the emergency department did not diagnose a brain aneurysm. She later suffered a ruptured aneurysm and strokes that left her permanently disabled and dependent on round-the-clock care. Evans and her husband sued for medical malpractice and loss of consortium, and a jury returned a verdict whose treatment of damages became disputed on appeal. The Georgia Supreme Court granted certiorari to address the standard for reviewing a trial court’s ruling on a claim that a verdict was inadequate or contradictory. The Court held that the Court of Appeals had applied the wrong standard of review. It vacated that judgment and directed the Court of Appeals to apply the proper standard. Because that threshold issue controlled, the Court did not decide whether a retrial should cover liability and damages or damages alone. The case returned for the required appellate analysis.

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