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Chambers v. Gwinnett Community Hosp. Inc.

The trial court properly excluded evidence that two defense experts were also members of the defending doctor's medical malpractice insurer since plaintiffs failed to show that the experts' financial interest in the case was anything more than de minimus.

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Wenonah Chambers fell down a flight of stairs and was injured. The 75-year-old Chambers was treated at the Gwinnett Community Hospital emergency room by Dr. Kamlesh Gandhi, and released. After going home, Chambers suffered a subdural hematoma and lapsed into a coma; she regained consciousness, but was left blind and unable to walk. Chambers brought a medical malpractice action against the Hospital and Dr. Gandhi. The trial court granted summary judgment to the Hospital and the case against Dr. Gandhi went to trial, resulting in a defense verdict. Chambers now appeals. We find her enumerations of error without merit and affirm.

1. Chambers claims the trial court erred in excluding evidence that two defense experts were also policyholders in MAG Mutual Insurance Company. Chambers argues that, because Gandhi was also insured by MAG, the defense experts had a financial interest in the outcome of the case. Admission of evidence is “committed to the sound discretion of the trial court, whose determination shall not be disturbed on appeal unless it amounts to an abuse of discretion.” Punctuation omitted. Cooper Tire and Rubber Co. v. Crosby, 273 Ga. 454, 457 2 543 SE2d 21 2001.

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