Date: 10-31-2006

Case Style: Clay and Tracie Smith v. Cathryn Finch, Charles Jones and Jeff Elder of Pediatric Associates and emergency department physician Todd Jordan

Case Number: Unknown

Judge: B.E. Roberts

Court: State Court, Hall County, Georgia

Plaintiff's Attorney:

David Bills, Law Offices of David S. Bills, Atlanta, Georgia

Defendant's Attorney:

Weymon Forrester of Forrester & Brim, Gainesville, Georgia

Description:

Clay and Cynthia Smith, individually and on behalf of 17-year-old Justin Reese Smith sued Cathryn Finch, Charles Jones and Jeff Elder of Pediatric Associates and emergency department physician Todd Jordan on a medical malpractice theory claiming that the defendant doctors acted below the standard of care when they failed to diagnose and treat Justin for the Rocky Mountain spotted fever infection when he was 13-years-old. Justin suffered permanent brain injuries as a result of the missed diagnosis. Plaintiff claimed that Justin had every classic symptom of Rocky Mountain spotted fever, plus a history of a tick bite. The state of Georgia is an endemic area of the country for Rocky Mountain spotted fever.

The defendant doctors claimed that Rocky Mountain spotted fever was a rare illness in Georgia and that the diagnosis would have been hard for any pediatrician to make under similar circumstances.

Outcome: Defendants' verdict.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None