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  • Rockdale Hospital, LLC v. Evans et al.

    Publication Date: 2019-10-24
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Daniel James Huff, Sharonda Boyce Barnes, Randolph Page Powell, Jr., (Huff, Powell & Bailey, LLC), Savannah, for appellant.
    for defendant: Lloyd Noland Bell, (Bell Law Firm), Atlanta, Sidney Leighton Moore, III, (The Moore Law Firm, P.C.), Atlanta, Lawrence Bernard Schlachter, (Schlachter Law Firm PC), Atlanta, James O. Wilson, Jr., (Trial Lawyers), Marietta, for appellee.
    Case Number: S18G1189

    Court of Appeals Erred in Overriding Medical Malpractice Jury's Zero Damages Award For Past Pain and Suffering

  • The Fulton-Dekalb Hospital Authority et al. v. Hickson

    Publication Date: 2019-08-19
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James Banks, (Weathington McGrew LLC), Atlanta, Paul Weathington, (Weathington Smith), Atlanta, for appellant.
    for defendant: Angela Fox, Kurt Kastorf, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Christopher Graddock, Keenan Nix, (Morgan & Morgan, PA), Atlanta, for appellee.
    Case Number: A19A0215

    Open issues of material fact preclude summary judgment on hospital's good faith immunity argument in a medical malpractice action.

  • Houston Hospitals, Inc. et al. v. Felder et al.

    Publication Date: 2019-07-22
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Daniel Huff, Julye Johns, Bailey Sabulis, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Neal Graham, (Graham Law LLC), Macon, Joel Grist, (Grist Law Firm), Macon, for appellee. John Train, (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC), Atlanta, Emmitte Griggs, (Chambless, Higdon & Carson), Macon, Rachael Rapraeger, Macon, for other party.
    Case Number: A19A0422

    Court Reverses Order Denying Summary Judgment to Hospital Facing Claims by Former Patients Whose Medical Test Results Were Forged, Concluding That No Injury Arises from Undergoing Duplicative Mammogram After First Test Is Fraudulently Reported as Normal

  • Zephaniah v. Georgia Clinic, P.C.

    Publication Date: 2019-07-15
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Jacob Rhein, (Law Offices of Jacob D. Rhein), Lawrenceville, for appellant.
    for defendant: Terrell Benton, Erin Coia, (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: A19A0694

    No expert affidavit required for misconduct claims against unlicensed medical technicians

  • Moore v. Wellstar Health System, Inc. et al.

    Publication Date: 2019-05-17
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Roy Barnes, James Tribble, (The Barnes Law Group, LLC), Marietta, Meri Benoit, (Malone Law Office), Atlanta, for appellant.
    for defendant: John Hall, Kenneth Jones, (Hall, Booth, Smith & Slover), Atlanta, Melissa Reading, Frederick Gleaton, Laura Strong, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, for appellee.
    Case Number: A18A1810

    Court grants new trial to medical malpractice plaintiff because of introduction of hearsay evidence at first trial

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  • Moore v. Wellstar Health System, Inc. et al.

    Publication Date: 2019-05-02
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Roy Barnes, James Tribble, (The Barnes Law Group, LLC), Marietta, Meri Benoit, (Malone Law Office), Atlanta, for appellant.
    for defendant: John Hall, Kenneth Jones, (Hall, Booth, Smith & Slover), Atlanta, Melissa Reading, Frederick Gleaton, Laura Strong, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, for appellee.
    Case Number: A18A1810

    New trial ordered in medical malpractice action due to improper admission of hearsay evidence

  • Trabue et al. v. Atlanta Women's Specialists, LLC et al.

    Publication Date: 2019-04-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Naveen Ramachandrappa, Michael Terry, (Bondurant, Mixson & Elmore LLP), Atlanta, Michael Regas, James Stone, (The Stone Law Group - Trial Lawyers, LLC), Atlanta, William Stone, (William S. Stone, P.C.), Blakely, for appellant.
    for defendant: Colin Delaney, Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, Daniel Huff, Taylor Tribble, (Huff, Powell & Bailey, LLC), Atlanta, David Flint, Michael Flint, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellee.
    Case Number: A18A1508

    Court Reverses Trial Court's Denial of New Trial on Apportionment Where Defendants Sought to Apportion Liability to Non-Party After Failing to Give Required Notice and Trial Court Had Wrongly Concluded Notice Was Not Required

  • Williams v. Murrell et al.

    Publication Date: 2019-03-21
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Christopher Rouse, (Rouse + Copeland LLC), Savannah, for appellant.
    for defendant: Patrick Arndt, Robert Goldstucker, (Nall, Miller, LLP), Atlanta, Wade Herring, Heather Hammonds, (Hunter, MaClean, Exley & Dunn, P.C.), Savannah, for appellee.
    Case Number: A19A0559

    NO expert affidavit required to support a fraud complaint against a medical practitioner

  • Glover v. Atkinson-Sneed, et al.

    Publication Date: 2019-03-20
    Practice Area: Discovery | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Keishan Davis, Kwame Townes, (Townes, Davis & Associates, LLC), Tucker, for appellant.
    for defendant: Patrick Arndt, Robert Goldstucker, (Nall & Miller, LLP), Atlanta, for appellee.
    Case Number: A18A1565

    Medical Practice Plaintiff's Treating Physician Could Not Testify as to Standard of Care Issues

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

    Publication Date: 2019-02-14
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Leslie Cline, Daniel Huff, Randolph Powell, (Huff, Powell & Bailey LLC), Atlanta, for appellant.
    for defendant: Roy Barnes, John Bevis, Mark Meliski, (The Barnes Law Group), Marietta, for appellee. Jennifer Viel, Matthew Coles, (Coles Barton, LLP), Lawrenceville, Shaun Daugherty, (Freeman Mathis & Gary), Atlanta, for other party.
    Case Number: A18A1544

    Defendant cannot be added to medical malpractice action after expiration of 5-year statute of repose