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Publication Date: 2009-04-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Steven K. Leibel, Dahlonega, for appellant.
for defendant: . Shun Daugherty and Terrell W. Benton III Hall, Booth, Smith & Slover PC, Atlanta, for appellee.
Case Number: A08A2122
The jury charges as given provided a full and correct statement of the law regarding the standard of care, which applied to all of the professional health care providers involved, and were not confu
Publication Date: 2009-04-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: E. Davison Burch, Athens, and James W. Boswell III King & Spalding, Atlanta, for appellant.
for defendant: Bruce P. Brown, James A. Washburn, Jeffrey R. Baxter McKenna, Long & Aldridge LLP, Atlanta, and J. Vincent Cook Cook, Noell, Tolley, Bates & Michael, Athens, for appellees.
Case Number: A08A1789
The plaintiff failed to submit its dispute regarding the defendants' refusal to allow the plaintiff and its medical oncologists to participate as approved health care providers for the defendants' H
Publication Date: 2009-04-03
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Sammie M. Mitchell McKee & Mitchell, Newnan, for appellant.
for defendant: Gus L. Wood III Wood, Odom & Edge PA, Newnan, for appellee.
Case Number: S08F1582
The trial court did not abuse its discretion in selecting the father as the final decision-maker regarding the children's education, membership in organizations and other extracurricular activities
Publication Date: 2009-04-03
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Page A. Pate Pate & Brody LLP, Atlanta, for appellant.
for defendant: Thurbert E. Baker, Attorney General, Atlanta, and Robert W. Lavender, District Attorney, Elberton, for appellee.
Case Number: S08A1705
O.C.G.A. § 16-13-42 h-providing that ' "possession of a prescription document signed in blank by a person other than the person whose signature appears thereon shall be prima-facie evidence of a con
Publication Date: 2009-03-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Jason E. Bring Arnall, Golden & Gregory, Atlanta, for appellant.
for defendant: . Lance D. Lourie and Stephen R. Chance Watkins, Lourie & Roll LLP, Atlanta, for appellee.
Case Number: A08A1899
The nursing care facility was required to release the decedent's medical records to his surviving s
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Publication Date: 2009-02-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Thurbert E. Baker, Attorney General and Jennifer L. Dalton, Assistant Attorney General, Atlanta, for appellant.
for defendant: Cale H. Conley, Richard A. Griggs Conley Griggs LLP, Atlanta, and C. Frederick Overby Overby Law Office PC, Columbus, for appellees.
Case Number: A08A1823
The defendant was entitled to sovereign immunity, since the allegedly negligent individuals, who contributed to her 18-year-old son's death of asphyxiation at the defendant's intensive treatment res
Publication Date: 2009-02-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys: For plaintiff: Lisa Y. West The West Firm, Atlanta, for appellant.
for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Atlanta, and John P. Cheeley, Norcross, for appellee.
Case Number: A08A1993
Clear and convincing evidence of the mother's multiple, unconfirmed allegations of the child's sexual abuse and requested physical examinations, and the mother's lack of employment and stable housin
Publication Date: 2009-01-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: W. Carl Reynolds and Bradley J. Survant Reynolds & McArthur, Macon, for appellant.
for defendant: . Robert P. Monyak Peters & Monyak LLP, Susan V. Summers, Trisha L. Lewis Goldner, Sommers, Scrudder & Bass, and Rush S. Smith Jr. Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
Case Number: A08A1725
The evidence showed that the plaintiff's expert had not engaged in the active practice or teaching of anesthesiology for three of five years preceding the plaintiff's su
Publication Date: 2009-01-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Don C. Keenan, Allan L. Galbraith and Charles H. Allen The Keenan Law Firm, Atlanta, for appellant.
for defendant: . Henry D. Green Jr. Green & Sapp LLP, Atlanta, for appellees. Amicus appellant: Jarome E. Gautreaux O'Neal, Brown & Sizemore, Macon, Lee T. Wallace The Wallace Law Firm LLC, Atlanta. Amicus appellee: Tracy M. Field, Ashley S. Kelly and Robert T. Strang III Arnall, Golden & Gregory LLC, Atlanta.
Case Number: S08G0498
HIPAA's privacy rule precludes defense attorneys in medical malpractice cases from interviewing the plaintiff's prior treating physi
Publication Date: 2008-12-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff:
for defendant:
Case Number: A08A2316
The juries award of $2.1M for the plaintiff and his wife in their personal injury action was not so flagrant as to shock the consc
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