A Dougherty County State Court jury has returned a $7.2 million wrongful-death verdict against an emergency room physician whose alleged negligence resulted in the death of a patient in Georgia…law.com, ‘ChatGPT Helped Us’: $7.2M Verdict Secured, Cedra Mayfield, Mar 2024
Plaintiff Sherry Hurwitz brought a wrongful-death action following the death of her husband, Stephen, in February 2021. In a second amended complaint filed in Dougherty County State Court in February 2023, plaintiff counsel alleged defendant Dr. Larry A. Medley’s failure to obtain an abdominal computed tomography, or CT scan, contributed to Hurwitz’s death.
at the time of Hurwitz’s emergency admission to Phoebe Putney Memorial Hospital in Albany, the patient’s medical history rendered him “high risk” and in need of a CT scan. In addition to being elderly and having had three prior abdominal surgeries, plaintiff counsel noted Hurwitz had experienced nausea, vomiting and diarrhea for three days prior to his emergency department visit.
“[His wife] contended the history made Mr. Hurwitz ‘high risk’ and demanded a CT,” Howard said. “All CTs in the ER are stat but one wasn’t ordered.”
According to plaintiff counsel, hospitalist Bahloul requested a separate CT scan four hours into Hurwitz’s admission. However, Bahloul ordered the scan at “regular speed,” rather than having it expedited. The images were taken four hours after that but were not interpreted [until] the next morning. When the CT came back, the CT showed a massive abdominal bleed, but Mr. Hurwitz was dead.”
Contending Hurwitz died as a result of professional negligence and medical malpractice, plaintiff counsel named Medley, Phoebe Physician Group Inc., Bahloul and others in the wrongful-death complaint.
In a consolidated pre-trial order brief, the duo challenged plaintiff counsel’s negligence claim. Defense counsel countered that a CT scan had not been required by the defendants since Hurwitz’s presentation had been “normal” during his emergency department triage and hospital admission.
Although at odds over liability, the parties attempted to negotiate a resolution. But with the parties unable to agree on the value of the case, the matter proceeded to a jury trial before Dougherty County State Court Judge John M. Stephenson on Feb. 10. Throughout the course of the five-day trial, plaintiff counsel centered their trial strategy on contradicting opposing counsel’s normalcy defense thanks to evidence the attorneys uncovered using generative artificial intelligence.
“ChatGPT helped us locate an article edited by a defense expert that said the exact opposite of what that expert’s litigation opinions were.” attorney for the plaintiff Marc Howard said.
Howard said plaintiff counsel presented the medical literature to the jury to convey that “CTs are essentially required for elderly patients with prior abdominal surgery and abdominal pain.” In addition to calling two expert witnesses, Howard said plaintiff counsel helped convey the defendants’ alleged negligence by cross-examining the physicians and other hospital staff “who testified blood products and surgeons would have been available” at the time of Hurwitz’s admission.
After just 90 minutes of deliberations, Dougherty County State Court jurors concluded the weeklong trial by returning a $7.2 million verdict in favor of the plaintiff. The jury apportioned full liability to Medley and no fault to Bahloul.