A Georgia appeals court has decided that the plaintiff will keep the $9.2 million verdict that she received in a wrongful death lawsuit against medical providers. Her father died from complications following an operation to remove a polyp from his intestine.  During surgery, doctors saw a cancerous mass and decided to remove it. When removing the mass the surgeon accidently cut the superior mesenteric artery, which is vital for the supply of blood and oxygen to a major part of the intestines. The patient died due to that mistake.

It was alleged in the case that if the doctors had performed a CT scan, they would have seen this artery was in an unusual place and could have prevented the death. During the appeal, the medical center involved claimed the damages awarded were too high, but the appeals court did not agree, also noting that Georgia’s cap on damages had previously been found to be unconstitutional.