The Georgia Court of Appeals on Tuesday affirmed the dismissal of claims against an anesthesiologist and two anesthesiology staffing companies accused of negligently credentialing a certified registered nurse anesthetist who allegedly caused a patient’s death during a back pain alleviation procedure.
In a 19-page opinion, a three-judge appellate panel said a trial court rightly granted partial summary judgment to Dr. Marcus Polk and two companies he owns, Anesthesia Consultants of Georgia LLC and Oracle Anesthesia of Georgia LLC, in a suit filed by Calvin Miller after his wife, Jerline Miller, died in 2019 after being administered sedation medications prior to surgery.
Calvin Miller had argued that Polk and the companies failed to ensure that nurse anesthetist Cynthia Hamm was properly credentialed before she treated his wife. However, the panel said the trial court was right to toss that claim as there is no evidence showing Polk or the companies are healthcare institutions with a duty to credential Hamm.
