The case centered on Gerber, who arrived at Liberty Regional Medical Center with elevated blood pressure and an unsteady gait before being deemed alert enough to leave by an attending physician. Staff tried to arrange transportation when his wife refused to pick him up because of a temporary protective order, but he walked away barefoot and was fatally struck by a car. His family pursued a negligence lawsuit, winning a $7.5 million verdict that was subsequently thrown out. The Court of Appeals of Georgia affirmed the trial court's reversal due to a lack of a direct causal link.
Key points
The Court of Appeals of Georgia affirmed the reversal of the original $7.5 million jury a…: The Court of Appeals of Georgia affirmed the reversal of the original $7.5 million jury award.
Medical providers avoided negligence liability because the patient's off-site collision w…: Medical providers avoided negligence liability because the patient's off-site collision was deemed an unforeseeable intervening event.
The plaintiffs failed to demonstrate a sufficient causal connection between the hospital'…: The plaintiffs failed to demonstrate a sufficient causal connection between the hospital's care and the fatal roadway accident.
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Life is very unpredictable; situations may change within a moment and lead to sudden surprises, just like what happened to a Georgia man. Gerber's trip to the emergency room was supposed to help him but ended in tragedy that would later become the subject of a lengthy legal fight. Gerber spent only about an hour at a Georgia hospital before walking out barefoot and being struck by a vehicle as he tried to cross the road. His wife, Hopkins, and his estate later sued the medical team, claiming the hospital didn’t properly assess and care for him. A jury awarded them $7.5 million in damages initially. But now the Court of Appeals of Georgia has upheld the overturning of that verdict, saying the family could not prove the alleged medical negligence caused his death.
What went on in the hospital?
The Court of Appeals of Georgia says it all began when Gerber showed up at his wife’s home drunk and in an agitated state. Hopkins called emergency services after he saw blood in his stool. Paramedics arrived to find him…
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