Calvin Miller’s appeal against Dr. Marcus Polk and his companies, Anesthesia Consultants of Georgia, LLC and Oracle Anesthesia of Georgia, LLC, was heard by the Court of Appeals of Georgia. The case arose from the death of Miller’s wife, Jerline Miller, during a medical procedure. Calvin Miller alleged negligence in credentialing certified registered nurse anesthetist Cynthia Hamm, who was involved in the procedure. The court upheld a previous ruling granting partial summary judgment to Dr. Polk and his companies, agreeing they had no duty to credential Hamm. Additionally, the court found no evidence supporting claims of negligence per se or failure to report misconduct.
The court reaffirmed its earlier decision that health care institutions have a duty to ensure their staff is qualified but concluded that Polk’s companies did not meet the criteria for such an institution. Therefore, they were not responsible for credentialing Hamm. Other claims related to negligence per se and reporting duties were dismissed due to lack of evidence or legal basis.
Source: A24A0404_CALVIN_H_MILLER_v_MARCUS_POLK_et_al_Opinion.pdf
