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  • 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

  • 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.

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  • 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

  • Smaha et al. v. The Medical Center of Central Georgia, Inc.

    Publication Date: 2023-07-31
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Clay, (Pratt Clay, LLC), Atlanta, Wesley Taulbee, (Clay Taulbee & Myers, LLC), Statesboro, James Myers, (Insley & Race LLC), Atlanta, for appellant.
    for defendant: Jo Jagor, Austin Atkinson, (Hall Booth Smith, P.C.), Atlanta, Roy Meeks, Atlanta, Amanda Speier, (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A23A0267

    Court affirms dismissal of plaintiff's expert in a medical malpractice case because he had no relevant experience to qualify as an expert on the nursing standard of care

  • Preferred Women's Healthcare LLC et al. v. Sain et al.

    Publication Date: 2023-06-29
    Practice Area: Evidence | Health Care Law | Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Daniel Huff, Randolph Powell, (Huff, Powell & Bailey LLC), Atlanta, Sarah Akinosho, (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: Roy Barnes, John Bevis, (The Barnes Law Group, LLC), Marietta, Matthew Coles, (Coles Barton, LLP), Lawrenceville, Mark Meliski, Marietta, for appellee.
    Case Number: A23A0413

    Plaintiff's Expert Was Qualified to Testify as to How Long Patient Might Have Lived If Cancer Had Been Diagnosed and Treated Earlier

  • Bryant v. Okafor

    Publication Date: 2023-05-31
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Benjamin Bengtson, (The Law Firm of Benjamin O. Bengtson), Atlanta, for appellant.
    for defendant: Jesse Broocker, (Attorney at Law), Atlanta, Paul Weathington, Elizabeth Linginfelter, (Weathington Smith), Atlanta, David Hanson, (The Hanson Firm LLC), Atlanta, for appellee; Sharonda Boyce, Devon Zawko, (Huff Powell and Bailey LLC), Atlanta, for other party.
    Case Number: A23A0041

    Court reverses order granting a motion to dismiss a plaintiff's medical malpractice complaint, finding that a nurse and nurse practitioner are members of the same profession