Georgia Jury Awards $40M in Stroke Misdiagnosis Case Against ER Doctor

Case Overview

The Georgia Court of Appeals has upheld a record $40 million medical malpractice verdict against emergency room physician Dr. Matthew Womack, upholding the trial court’s ruling that he was grossly negligent in his treatment of patient Jonathan Buckelew.

Cause

At age 32, Jonathan Buckelew suffered a brain stem stroke following a chiropractic neck adjustment, leaving him with “locked-in syndrome”—a condition that causes complete paralysis except for eye movement. Although he arrived at North Fulton Hospital’s emergency department with urgent symptoms, he did not receive the necessary critical care, leading to permanent and devastating injuries.

Damages

At trial, the jury apportioned 60% of the liability to Dr. Womack, citing significant breaches in the standard of care, including failures in communication and the omission of a neurological consultation. The jury’s total award of $75 million included $40 million in damages assessed against Dr. Womack individually—constituting the largest emergency room malpractice verdict in Georgia’s history.

Jury Verdict

The Court of Appeals rejected all of Dr. Womack’s arguments on appeal, affirming the jury’s finding that his conduct constituted gross negligence.