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  • White et al. v. McGouirk et al.

    Publication Date: 2024-02-15
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Russell Davis, (Downey & Cleveland), Marietta, David Hanson, (The Hanson Firm LLC), Atlanta, Zachary Fuller, (Hanson Fuller, LLC), Atlanta, for appellant.
    for defendant: Derek Nuce, (Pasley, Nuce, Mallory & Davis, LLC), Thomaston, James Sadd, Daniel Epstein, (Slappey & Sadd, LLC), Atlanta, for appellee.
    Case Number: A23A1548

    Court affirms $10.1 million verdict in a medical malpractice case, rejecting defendants' arguments regarding improper comments by plaintiffs' counsel and excessive size of award

  • Fuller Life Chiropractic Center, P.C. et al. v. Threadgill et al.

    Publication Date: 2023-12-27
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Heather Ware, Courtney Walker, (Hall Booth Smith, PC), Atlanta, Claire Sumner, (Lueder, Larkin & Hunter, LLC), Atlanta, Jason Deere, (Copeland, Stair, Kingma & Lovell, LLP), Atlanta, for appellant.
    for defendant: Alex Dixon, (Alex L. Dixon, P.C.), Lagrange, for appellee.
    Case Number: A23A1225

    Court reverses denial of a motion to dismiss a chiropractic malpractice action, concluding that the action is subject to the five-year medical malpractice statute of repose

  • Carole Maso et al. v. Brian Zeh et al.

    Publication Date: 2023-12-11
    Practice Area: Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: Michael Brian Terry, Jane D. Vincent, (Bondurant Mixson & Elmore, LLP), Atlanta, Andrew Bentley Cash, David Najeeb Krugler, Wendy Goodwin Huray, Laura Lynne Voght, (Cash, Krugler & Fredericks, LLC), Atlanta, for appellant.
    for defendant: Randolph Page Powell, Jr., Alexander Collins Vey, (Huff, Powell & Bailey, LLC), Atlanta, Laura M. Shamp, Joshua Forrest Silk, (Shamp Silk), Atlanta, Rosser Adams Malone, (Malone Law Office), Atlanta, for appellee.
    Case Number: S23C0765

    Physician Assistant Act Does Not Create Vicarious Liability for Supervising Physicians For Medical Acts of Their Physician Assistants

  • Resurgens, LLC et al. v. Ervin et al.

    Publication Date: 2023-11-23
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Michael Bailey, Randolph Powell, Mikell Reynolds, Devon Zawko, Alexander Vey, (Huff Powell and Bailey), Atlanta, for appellant.
    for defendant: Meri Benoit, Rosser Malone, (Malone Law Officde), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellee; Andrew King, (Watkins Lourie Roll Chance PC), Atlanta, Michelle King, (Speed & King LLC), Atlanta, for other pary.
    Case Number: A23A0892

    Court affirms denial of defendants' motion to dismiss a medical malpractice action, finding that they were not immune from liability under the COVID-19 Pandemic Emergency Executive Order

  • Sampson et al. v. The Medical Center, Inc. et al.

    Publication Date: 2023-11-20
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Kristopher Alderman, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellant.
    for defendant: Paul Ivey, Robert Martin, (Hall Booth Smith, P.C.), Columbus, Lauren Dimitri, (Attorney at Law), Columbus, for appellee.
    Case Number: A23A1014

    Court reverses summary judgment award in favor of defendants in medical malpractice case because trial court used wrong standard to evaluate opinion of plaintiff's expert

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  • Leggat et al. v. Navicent Health, Inc. et al.

    Publication Date: 2023-10-23
    Practice Area: Civil Procedure | Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Jeffrey Banks, (Banks & Riedel, PC), Eastman, for appellant.
    for defendant: Hunter Allen, Joscelyn Hughes, Jennifer Bellis, (Bendin Sumrall & Ladner), Atlanta, Samuel Lucas, Stephen Moseley, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, Jo Jagor, Mikell Reynolds, (Huff Powell Bailey), Atlanta, Austin Atkinson, Mitchell Walker, (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: A23A0631

    COVID Emergency Order Did Not Support Medical Malpractice Plaintiff's Claim For Additional Time to File Expert Affidavit

  • Alligood et al. v. Piedmont Medical Care Corporation, Inc. et al.

    Publication Date: 2023-10-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph King, (Joseph H. King, Jr. P.C.), Atlanta, for appellant.
    for defendant: Timothy Bendin, Kathleen Simcoe, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellee.
    Case Number: A23A1039

    Court affirms jury verdict and judgment in favor of a service provider in a malpractice case and rejects plaintiff's contentions of anti-science bias by the jurors

  • Humphrey et al. v. The Emory Clinic, Inc. et al.

    Publication Date: 2023-10-03
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Kristopher Alderman, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Alison Currie, (FisherBroyles, LLP), Atlanta, John Mabrey, (The Mabrey Firm, P.C.), Atlanta, for appellant.
    for defendant: Robert Marcovitch, Anna Pieschel, Caroline Gieser, (Shook, Hardy & Bacon LLP), Atlanta, Paul Weathington, Carter Weathington, (Weathington Smith), Atlanta, Spencer Bomar, Wayne McGrew, (McGrew Miller Bomar & Bagley LLC), Atlanta, for appellee.
    Case Number: A23A0735

    Court affirms exclusion of expert opinions as to standard of care and causation against physician specialists because those opinions did not satisfy OCGA § 24-7-702.

  • Green et al. v. Pinnix et al.

    Publication Date: 2023-08-14
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Michael Bailey, Randolph Powell, Lindsey Costakos, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Kenneth Lewis, (Lewis & Murphy, LLP), Winder, for appellee; Georgia Hospital Association, Inc. et al., Atlanta, Jason Bring, (Arnall, Golden, Gregory), Atlanta, for AM.
    Case Number: A23A0547

    Court reverses an order finding that a defendant had violated HIPAA, concluding that the transmission of medical records to a treating doctor was not a HIPAA violation

  • Golden v. Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center

    Publication Date: 2023-08-09
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Michael Regas, (Stone Law Group), Atlanta, William Stone, (Stone Law Group - Trial Lawyers, LLC), Blakely, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Ryals Stone, (Boone & Stone), Atlanta, C. Connelly, (Cook & Connelly), Summerville, for appellant.
    for defendant: Julius Peek, Jason Sanker, Benjamin Stell, (Mcrae Smith Peek Harman & Monroe LLP), Rome, Robert Monroe, (Mcrae, Stegall, Peek ET AL), Cedartown, for appellee.
    Case Number: A23A0118

    Medical Malpractice Statute of Repose Not Tolled by COVID-19 Emergency Judicial Orders