Medical Malpractice Lawsuit Dismissed Because Expert Not Qualified
1/31/13
By: Scott Rees
In Whitley, the Court of Appeals ordered a medical malpractice lawsuit to be dismissed for failure to satisfy Georgia’s expert affidavit requirements. O.C.G.A 9-11-9.1 requires that in any medical malpractice lawsuit, a plaintiff must file with …
Georgia Supreme Court to Weigh Expert Qualifications in Medical Malpractice Case
1/18/13
By: Michael Eshman
At issue in Hankla, et. al. v. Postel is the qualification of a medical doctor to testify as an expert regarding the standard of care owed by a nurse midwife. Georgia statute sets forth certain requirements a …
Employers Must Act Now on Healthcare Law
1/16/13
By David Cole
This is a critical time for employers to be aware of their obligations under the healthcare law and begin taking steps needed for compliance. As just a brief reminder, some of the law’s key provisions for employers …
Does the Fourth Amendment Allow a Forced Blood Draw After a DUI Arrest?
1/14/13
By: Sun Choy
The Supreme Court will answer this question in Missouri v. McNeely. It is well established that the Fourth Amendment allows a warrantless search under exigent circumstances. During the oral argument last week, the Court suggested that …
Engagement Letters for Professional Services – A Valuable Tool That May Come with a Price
1/11/13
By: Seth Kirby
In 2009, the Georgia Court of Appeals confirmed with resounding clarity that all professional malpractice claims sounding in contract were governed by a four-year statute of limitations. All was right with the world. Professionals and their insurers …
Georgia's Failed Bank Litigation Addresses “Insured vs. Insured” Coverage Exclusion
1/10/13
By: Kelly Morrison
Georgia is no stranger to failed banks, and thus continues to host to a number of FDIC lawsuits against former directors and officers. Not surprisingly, these lawsuits are testing the legal waters regarding several coverage exclusions, as …
Georgia's Emergency Care Statute May Be Implicated by Delay in Transfer of Emergency Room Patient
1/9/13
By: Scott Rees
In Dailey v. Abdul-Samed, the applicability of Georgia’s emergency medical care statute, O.C.G.A. 51-1-29.5. The statute provides that in an action involving a health care liability claim arising out of the provision of emergency medical care …
Temporary Flooding May Give Rise to a Takings Claim
1/2/13
By: Ali Sabzevari
A fundamental part of our Takings Clause jurisprudence holds that when the Government physically takes possession of an interest in property for some public purpose, it has a duty to compensate the former owner. There is a …
Engagement Letters for Professional Services – A Valuable Tool That May Come with a Price
1/1/13
By Seth Kirby
In 2009, the Georgia Court of Appeals confirmed with resounding clarity that all professional malpractice claims sounding in contract were governed by a four-year statute of limitations. All was right with the world. Professionals and their insurers …
Temporary Flooding May Give Rise to a Takings Claim
1/1/13
By Dana Maine and Ali Sabzevari
A fundamental part of our Takings Clause jurisprudence holds that when the Government physically takes possession of an interest in property for some public purpose, it has a duty to compensate the former owner. …
Highlights of Fiscal Cliff Tax Changes
1/1/13
Through many months of delay, debate, and finger-pointing, Congress and the White House have reached an agreement on various tax rate cuts that were set to expire in 2013 and would result in tax hikes for all taxpayers. The bill …