Tag: medical malpractice

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 that require their consent before any payment may be offered by the insurance company.  In…

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 evidence in the case. Typically, allowing inappropriate, but cumulative, evidence is not harmful in terms of…

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 the complaint an affidavit of an expert competent to testify as to the alleged medical negligence.…

Hospital Found Liable After Lawyers Intimidate Expert

9/17/12

By: Scott Rees

A default judgment was recently entered against a local WellStar hospital, based on the actions of its attorneys.  In entering the default judgment, the judge determined that WellStar’s attorneys intimidated the plaintiff’s expert physician witness to the point he refused to continue on as plaintiff’s expert.  According to the judge’s order