Some Potential Certainty in an Outcome in an Uncertain Medical Malpractice World
7/12/19
By: Shaun Daugherty
Medical malpractice claims can be dangerous in front of a jury and some recent Georgia verdicts are proof of that. In Georgia, as many other states, medical doctors typically have consent clauses in their professional liability policies …
Cumulative Does Not Always Mean Harmless
5/8/13
By: Scott Rees
In Thomas v. The Emory Clinic, Inc. (March 26, 2013), the Georgia Court of Appeals addressed the issue of a trial court improperly allowing hearsay evidence during a trial when that improper evidence is cumulative of other …
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 …
Hospital Found Liable After Lawyers Intimidate Expert
9/17/12
By: Scott Rees
A default judgment was recently entered against a local hospital, based on the actions of its attorneys. In entering the default judgment, the judge determined that the local hospital’s attorneys intimidated the plaintiff’s expert physician witness to …
Workers Compensation Model to Replace Georgia's Medical Malpractice System?
8/1/12
By: Scott Rees
A recent study of 330 Georgia physicians indicated Georgia physicians are overwhelmingly in favor of proposed legislation to make such a change. Instead of the current legal system in place, the workers compensation model would allow a …