PULLIAM V. COASTAL EMERGENCY SVCS. 509 S.E.2d 307 (1999) CASE BRIEF

PULLIAM V. COASTAL EMERGENCY SVCS.

509 S.E.2d 307 (1999)

NATURE OF THE CASE: Pulliam (P) appealed from a lower court ruling that a cap on medical malpractice awards was constitutional.

FACTS: Pulliam (P), sought damages of $2,000,000 from Coastal Emergency (D) and Dr. Thomas Anthony DiGiovanna (D1) for his alleged negligence in the death of Mrs. Pulliam. On December 15, 1995, Mrs. Pulliam arrived at the emergency room of Southside Regional complaining of 'legs aching.' She had been diagnosed with influenza two days earlier in the office of her private physician. At Southside Regional, she was examined by D1. About 5:00 a.m., D1 discharged Mrs. Pulliam after prescribing a muscle relaxant and giving her printed instructions on influenza and additional instructions concerning bed rest. Shortly after 11:00 a.m. the same day, Mrs. Pulliam returned to the emergency room complaining of general weakness, particularly in her lower extremities. She was started on intravenous fluids and subjected to a CT scan and a lumbar puncture. Thereafter, she was transferred to the intensive care unit, where her condition worsened. She was pronounced dead at 9:08 p.m. An autopsy revealed that the cause of death was bacterial pneumonia and bacteremia. She was survived by P, who is the executor of her estate, and a son. The jury gave the verdict to P for $2,045,000. The trial judge, as per statute, reduced the verdict to $1,000,000. P appealed on 7 different constitutional grounds.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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