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  • Evans et al. v. Rockdale Hospital, LLC

    Publication Date: 2018-05-08
    Practice Area: Damages | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lloyd Bell (Bell Law Firm), Atlanta; Sidney Moore (The Moore Law Firm PC), Atlanta; James Wilson (Attorney at Law), Marietta, for appellant.
    for defendant: Sharonda Boyce, Daniel Huff, Randolph Powell (Huff Powell Bailey LLC), Atlanta, for appellee. Heather McGrotty (Weathington Mgrew PC), Atlanta; Paul Weathington (Weathington Smith), Atlanta, for other party.
    Case Number: A18A0233

    The trial court erred in denying plaintiffs' motion for additur or, alternatively, for a new trial on damages, because the jurys award of zero damages for medical malpractice plaintiff's past pain and suffering rendered the award of damages so clearly inadequate under a preponderance of the evidence as to shock the conscience and necessitate a new trial under O.C.G.A. § 51-12-12 (b).

  • Southeastern Pain Specialists, P.C. v. Brown et al.

    Publication Date: 2018-04-11
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: William Curtis Anderson (Downey & Cleveland LLP), Marietta, for appellant.
    for defendant: James Nicholas Sadd, Daniel Marshall Epstein, Edward Malcum Wynn III (Slappey & Sadd LLC), Atlanta; John E. Hall Jr., Nichole Lee Hair (Hall Booth Smith P.C.), Atlanta; Frank Mitchell Lowrey IV, Robert Lawrence Ashe III (Bondurant, Mixson & Elmore, LLP), Atlanta; David Frank Root (Carlock, Copeland & Stair, LLP), Neil Edwards (Attorney at Law), Atlanta, for appellee.
    Case Number: S17G0732

    The Court of Appeals erred in finding that an ordinary negligence instruction was authorized by evidence that a doctor defendant responded inadequately to medical data provided by certain medical equipment during a medical procedure and thus erred in affirming a nearly $22 million award following the trial court's erroneous jury instruction on ordinary negligence.

  • MacDowell v. Gallant et al.

    Publication Date: 2018-04-10
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Curtis Thurston (Attorney at Law), Atlanta, for appellant.
    for defendant: Alexandra Higgins (Attorney at Law), Peachtree Corners, for appellee.
    Case Number: A17A1864

    Time For Filing Dental Malpractice Action Remained Tolled After Patient Consulted Second Dentist Who Had Provided Services to Patient Jointly With Defendant

  • St. Marys Health Care System, Inc. v. Roach et al.

    Publication Date: 2018-04-10
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Michael Bailey, Leslie Cline, Bailey Sabulis (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: J. Cook (Cook, Noell, Tolley, Bates & Michael), Athens; Robert Irwin (Cook Noell, Tolley & Bates, LLP), Athens, for appellee. James Brim (Forrester & Brim, LLP), for other party.
    Case Number: A17A1582

    Emergency Room Physician's Decision Not to Ask On-Call Radiologist to Review X-Ray Sounded in Professional Negligence as to the Hospital

  • Swallows et al. v. Adams-Pickett et al.

    Publication Date: 2018-03-30
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Charles Cork (Attorney at Law), Decatur; Sam Nicholson (Nicholson Revell LLP), Augusta; Scott Eldredge (Burg Simpson Eldredge Hersh & Jardine, P.C.), Englewood, for appellant.
    for defendant: Thomas Tucker, Thomas Tucker (Tucker Long, P.C.), Augusta; David Johnson, Kevin Race, Kristin Malcolm (Insley & Race, LLC), Atlanta, for appellee.
    Case Number: A17A1517

    Longer Limitations Period For Medical Malpractice Actions IS Available to Minors Under Five But Not To Claims Made By Minors' Parents

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Roberts et al. v. Quick Rx Drugs, Inc.

    Publication Date: 2017-11-30
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0736

    The trial court properly granted partial summary judgment to pharmacy in plaintiffs' suit for professional negligence/malpractice and punitive damages after the pharmacy gave the plaintiff the wrong medication, allegedly resulting in a fall.

  • Kidney et al. v. Eastside Medical Center LLC et al.

    Publication Date: 2017-11-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: George McGriff (McGriff & Associates), Roswell; Eric Wyatt (George W. McGriff & Associates), Roswell, for appellant.
    for defendant: Kevin Race, Terrance Sullivan (Insley & Race, LLC), Atlanta; Rolfe Martin (Owen Gleaton Egan Jones & Sweeney, LLP), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Heather Miller (Carlock Copeland & Stair), Atlanta, for appellee. Michael Bailey (Huff, Powell & Bailey, LLC), Atlanta, for other party.
    Case Number: A17A0806

    The trial court partially erred in granting summary judgment to medical defendants in plaintiffs' medical malpractice action because whether defendants were entitled to the benefit of the heightened evidentiary burden of the emergency medical care statute, O.C.G.A. § 51-1-29.5, depended on disputed issues of fact.

  • Robles et al. v. Yugueros et al.

    Publication Date: 2017-11-27
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brent Kaplan (Isenberg & Hewitt, PC), Atlanta, for appellant.
    for defendant: Michael Bailey, Erica Jansen (Huff, Powell & Bailey, LLC), Atlanta; Thomas Carlock (Carlock, Copeland & Stair), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Neil Edwards (Attorney at Law), Atlanta, for appellee.
    Case Number: A15A1566

    The Court affirmed the trial court's decision to exclude certain deposition testimony the medical malpractice plaintiff sought to admit as an admission against interest, because plaintiff failed to meet his burden of proving that the evidence was admissible.

  • Graham v. Reynolds et al

    Publication Date: 2017-11-17
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Myers, Brynda Insley, Philip Henderson (Insley & Race LLC), Atlanta, for appellant.
    for defendant: Marc Metts (Metts Law Firm), Douglas; Patrick Jaugstetter (Power & Jaugstetter, P. C.), McDonough; Thomas McFarland (Bruce McFarland Law), McDonough, for appellee.
    Case Number: A17A0709

    The trial court properly denied defendant's motion to dismiss plaintiffs' medical malpractice action because, contrary to defendant's contention, plaintiffs' expert's affidavit was sufficient to meet the requirements of O.C.G.A. 9-11-9.1.

  • Jordan v. Everson et al

    Publication Date: 2017-11-08
    Practice Area: Medical Malpractice
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Eric Jeffrey Frisch (Carlock, Copeland & Stair, LLP), Atlanta, for appellant.
    for defendant: Neal Henry Howard (Neal H. Howard & Associates), Columbus; Simon Weinstein (Law Office of Simon Weinstein, LLC), Atlanta, for appellee. Carl Richard Langley, Albany, for other party.
    Case Number: S17G1491

    The Court of Appeals erred in holding that an independent, intervening act breaks the chain of causation in a wrongful death case only to the extent that the independent, intervening act is wrongful or negligent; rather, the act only has to be reasonably foreseeable by the alleged tortfeasor or triggered by his conduct.