concurring specially.
I agree with the majority; I write separately to specifically address Dowling v. Lopez, 211 Ga. App. 578, 579 (440 SE2d 205) (1993) cited by Judge Andrews’ dissent. Although I agree with Judge McMurray that Dowling is factually distinguishable from the present case, I am compelled to raise the same concern here that I raised in my dissent in Dowling.
Judge Andrews would find that because Dr. Velez, at most, only shortened the life of a terminally ill child, no damages for the wrongful death of the child are available to the plaintiffs. It is undisputed in this case that the immediate cause of the child’s death was the actions of Dr. Velez. The child was connected to a mechanical ventilator that Dr. Velez caused to be turned off. While it may well be true that the child would probably have ultimately succumbed to her illness, which had been diagnosed as terminal, no one can state with certainty that death would have in fact resulted from her condition. In any event, a jury would be authorized to find that the child would have lived longer but for the actions of Dr. Velez and that the immediate cause of the child’s death was the intentional wrongful act of Dr. Velez. As the majority found, the child’s condition and life expectancy would be factors for the jury to consider in its assessment of damages if it otherwise found defendant liable for the child’s death.