(Credit: MicroOne/Adobe Stock) 'Why Is That Not Good Enough?' Ga. Court of Appeals to Decide on Expert Testimony in Death From Rare Disease
"A medical examiner whose job literally is to determine what caused [a death] and what happened would not be able to testify on causation in Georgia under the trial court's interpretation because they don't have live patients," Plaintiff-appellant attorney Darren Summerville said.
April 14, 2023 at 04:48 PM
4 minute read
Atlanta medical malpractice attorney Darren Summerville recently brought the Georgia Court of Appeals a question on behalf of the estate of a plaintiff-appellant who died from malaria after returning to Atlanta from a trip to Africa. Now, following oral arguments Thursday, it's up to the court to determine the qualifications of an expert witness testifying on causation when treating a disease that is uncommon in the United States.
At issue here is the applicability of "actual knowledge' concepts to causation opinions. The trial court said that the plaintiff-appellant's expert witnesses couldn't testify on causation because they didn't have actual professional knowledge and experience diagnosing and treating severe malaria and they were not infectious disease physicians.
Darren Summerville of The Summerville Firm in Atlanta. (Courtesy photo) This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
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