The Georgia Court of Appeals has upheld a $40 million judgment against emergency room physician Matthew Womack, MD, marking what is believed to be the largest emergency room malpractice verdict in the state’s history, according to a March 20 news release from Bell Law Firm.
What happened?
- The case stems from Dr. Womack’s treatment of Jonathan Buckelew, who suffered a catastrophic brainstem stroke in 2015 after collapsing during a chiropractic neck adjustment.
- According to the release, imaging at North Fulton Hospital showed signs of a stroke, but Mr. Buckelew’s legal team argued it took over a day for a definitive diagnosis and proper treatment.
- During that delay, Mr. Buckelew sustained severe brain damage and developed locked-in syndrome — a condition leaving him fully conscious but nearly completely paralyzed.
- A jury in 2022 found Dr. Womack grossly negligent for failing to communicate key clinical findings and delaying specialist consultation. Mr. Buckelew was awarded $75 million, with $40 million attributed to Dr. Womack, who was found 60% at fault. The appeals court affirmed that decision in a March 10 ruling.
Who else is involved?
- Radiologist James Waldschmidt, MD, was found 40% liable but withdrew his appeal after reaching a resolution with the plaintiff.
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