ALBANY, GA (WALB) - Georgia Supreme Court will hear a medical mal-practice case from Dougherty county this morning, that comes more than 5 years after the tragic death of one Westover High student.
The parents of 15-year-old Shaquille Johnson, who died two weeks after knee surgery for a football injury in 2008, are asking the state's high court for a trial by jury.
The case was first seen before the Appeals Court where they ruled in favor of the physician who treated Johnson for chest pains.
Thelma and Sheldon Johnson sued Dr. Price Paul Omondi because they believe his treatment for their son Shaquille wasn't the proper standard of care, and ultimately caused his death.
Omondi says he performed the proper testing on Johnson after he was taken to the emergency room at Phoebe Putney, deciding he was only suffering from inflammation of the lining of his lungs.
He was released with pain medication but then returned January 13, 2008 again complaining of chest pain and difficulty breathing, later dying from blood clots in both lungs.
The Court of Appeals first ruled in favor of the physician by deciding there wasn't clear and convincing evidence that Omondi did not exercise even slight care for Shaquille.
The Johnson family's attorney argues the physician did not take appropriate diagnostic tests and says the court ignored the facts and their experts' opinion, which is why the family is bringing the appeals case to the high court today.
Georgia High Court will hear both the Johnson family's case this morning at 10 AM.