Velez v. Bethune

In Velez v. Bethune, 219 Ga. App. 679, 681 (2) (466 SE2d 627) (1995), an infant was born prematurely and was on a mechanical ventilator. Id. The infant died when the defendant physician removed the infant from the ventilator, allegedly without the parent's consent. Id. The Court concluded that summary judgment in favor of the physician was improper, given that there was evidence that the physician's removal of the infant from the ventilator caused the infant's premature death. Id. at 680-681 (2). In other words, it was sufficient that there was evidence that the physician's affirmative act of negligence was the immediate cause of the infant's death, even if the infant ultimately would have died from his underlying medical condition. Id. In reaching this conclusion, we emphasized that: "The case law regarding the negligent failure to diagnose a terminal disease is simply inapposite to the deliberate acts of withholding or deescalating medical assistance." Id. at 680-681 (2).