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  • Miller v. Polk et al.

    Publication Date: 2024-07-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Felicia Rowe, (Rowe & Rowe LLC), Tucker, for appellant.
    for defendant: Terrell Benton, (Hall Booth Smith, P.C.), Atlanta, Sheila Kazemian, (Attorney at Law), Atlanta, for appellee.
    Case Number: A24A0404

    Court affirms summary judgment in favor of anesthetist staffing companies in negligent credentialing case, finding that staffing companies have no credentialing duties

  • Griffin v. The Emory Clinic Inc. et al.

    Publication Date: 2024-06-19
    Practice Area: Medical Malpractice | Premises Liability
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Francis Kadiri, (Francis O Kadiri LLC), Stone Mountain, for appellant.
    for defendant: Stephen Sparwath, Tyler Jones, (Bendin Sumrall & Ladner LLC), Atlanta, for appellee.
    Case Number: A24A0073

    Court partially reverses dismissal in professional malpractice and negligence lawsuit, concluding that negligence claims could proceed without an expert affidavit

  • Ferguson et al. v. Bowers et al.

    Publication Date: 2024-04-29
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Laura Speed, Michelle King, (Speed & King, LLC), Atlanta, Michael Terry, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: John Hall, Beth Kanik, (Hall, Booth, Smith, & Slover, P.C.), Atlanta, for appellee.
    Case Number: A23A1715

    Court affirms summary judgment in favor of physicians in a medical malpractice action stemming from the discharge of a patient with mental disorders who drowned after being released

  • Ferguson et al. v. Kennestone Hospital, Inc.

    Publication Date: 2024-04-09
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Maxine Ferguson, Marietta, for appellant.
    for defendant: William Gordon, (Downey & Cleveland, LLP), Atlanta, for appellee.
    Case Number: A23A1589

    Court affirms dismissal of medical malpractice claims due to plaintiff's failure to include a professional affidavit with the complaint, but reverses judgment on a battery claim related to consent

  • Statham v. Quang et al.

    Publication Date: 2024-04-05
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Michael Horner, (Middle Georgia Access to Justice Council, Inc.), Atlanta, W. Reynolds, Bradley Survant, (Reynolds, Horne & Survant), Macon, for appellant.
    for defendant: Julye Johns, (Huff Powell & Bailey, L.L.C.), Atlanta, David Nelson, Norman Pearson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellee.
    Case Number: A23A1419

    Court affirms order that surgeons are not vicariously liable for medical student's errors during surgery, but notes that surgeons may bear direct liability for negligent supervision

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • McGhee v. Publix Super Markets, Inc.

    Publication Date: 2024-04-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Alexander Repasky, (Attorney At Law), Marietta, for appellant.
    for defendant: Robert Marcovitch, (Sinton Scott Minock & Kerew), Atlanta, Stephen Sparwath, (Bendin, Sumrall & Ladner, LLC), Atlanta, for appellee; Akins Doherty, (The Doherty Law Firm), Atlanta, for other party.
    Case Number: A23A1291

    Court affirms dismissal or professional malpractice claim against dispensing pharmacy for failure to include an expert affidavit, but reverses dismissal against supervising physician

  • Andreana Williams, Conservator v. Regency Hospital Company, LLC et al.

    Publication Date: 2024-02-22
    Practice Area: Constitutional Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Michael B. Hill, (Mayo Hill), Macon, for appellant.
    for defendant: David Norton Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Sharonda Boyce Barnes, (Huff Powell & Bailey, LLC), Atlanta, for appellee.
    Case Number: S24A0312

    Concluding that it lacked jurisdiction to hear a direct appeal, Supreme Court transfers medical malpractice case involving constitutionality of non-tolling statute for mentally incompetent plaintiffs

  • 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