In a precedent-setting decision, Georgia’s appellate court upheld a $40 million malpractice verdict against ER doctor Matthew Womack, reinforcing the jury’s original finding of gross negligence. The court rejected all claims of error, sending a clear message: when catastrophic harm results from delayed diagnosis and communication failures, accountability follows.
Chiropractic Visit Leads to Catastrophic Outcome
Jonathan Buckelew was 32 when he became unresponsive during a routine chiropractic neck adjustment. He was rushed to North Fulton Hospital, where his symptoms—slurred speech, disorientation, and weakness—pointed clearly to a neurological emergency.
Upon arrival at the ER, Dr. Womack ordered a CT scan and CT angiogram. Yet despite these imaging results and the red flags in Buckelew’s symptoms, he suspected less likely conditions such as meningitis or encephalitis. During a brief consultation with an on-call neurologist, Dr. Womack failed to mention two crucial facts: that Buckelew’s condition began after a chiropractic neck adjustment, and that imaging showed signs consistent with a brain stem stroke.
Within hours, Buckelew’s condition deteriorated. The stroke caused profound neurological damage, ultimately leaving him with locked-in syndrome—a rare condition in which the patient is fully conscious but completely paralyzed, able to communicate only through eye movement. He now requires 24-hour care and can no longer speak, eat, or move independently.
Jury Delivers Record Verdict
The jury found Dr. Womack primarily responsible for the delayed diagnosis, awarding $75 million in total damages, with $40 million assigned to Dr. Womack alone. Co-defendants, including the treating radiologist, settled prior to trial. This verdict marks the largest emergency room malpractice award in Georgia’s history.
On appeal, Dr. Womack’s legal team challenged the verdict on multiple grounds. The Georgia Court of Appeals rejected every argument and upheld the full award. “The Court of Appeals has made it clear that emergency room physicians must be held accountable when their actions—or inaction—lead to catastrophic harm,” said the attorney, who represented Buckelew.
Implications for Medical Malpractice Attorneys
This case highlights the litigation potential in missed stroke cases, especially those involving:
- Failure to consult neurologists
- Delayed imaging (CT, MRI)
- Dismissal of neurological red flags
The long-term impact of locked-in syndrome, combined with the clear departure from standard care, likely contributed to the jury’s willingness to assign high-value damages. Attorneys handling ER misdiagnosis cases should take note of how detailed expert testimony and pretrial settlement strategy played into the outcome.
Where Cambridge Medical Experts Add Value
Cambridge Medical Experts helps attorneys build airtight arguments rooted in medical clarity for complex cases like this. Our physicians provide:
- Independent case reviews with timeline mapping
- Expert reports that explain the standard of care and how it was breached
- Courtroom-ready testimony from physicians who’ve been there before
When the injuries are life-altering and the timeline is tight, you need more than opinion—you need a medical expert who can walk a jury through every critical moment.
Cambridge Medical Experts works with trial lawyers nationwide to bring clinical precision and expert testimony to the most complex cases. When your case can’t afford gray areas, we help you bring clarity to the courtroom.
