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  • 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

  • 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

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • 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

  • Huddle et al. v. Heindel

    Publication Date: 2018-12-06
    Practice Area: Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Jennifer Ivey, (Linley, Jones PC), Atlanta, Lloyd Hoffspiegel, Alexander Hoffspiegel, (Hoffspiegel & Associates), Atlanta, for appellant.
    for defendant: John Hall, Beth Kanik, (Hall, Booth, Smith, & Slover, P.C.), Atlanta, for appellee.
    Case Number: A18A1154

    Court Affirms in Part and Reverses in Part Dismissal on Motion for Summary Judgment of Suit Against Therapist by Former Patient Who Had Sexual Relationship with Therapist

  • Swint, et al. v. Alphonse, Jr., et al.

    Publication Date: 2018-11-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A18A0869

    The weight to be assigned to expert opinions on a medical standard of care is a question for a jury to resolve.

  • Hayes et al. v. Hines et al.

    Publication Date: 2018-11-20
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: C. Childers, (Childers, Schlueter & Smith, LLC), Atlanta, Angela Fox, Kurt Kastorf, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Neil Edwards, (Attorney at Law), Atlanta, for appellant.
    for defendant: John Hall, Beth Kanik, (Hall, Booth, Smith, & Slover, PC.), Atlanta, for appellee. Jeffrey Bazinet, Jonathan Peters, (Peters & Monyak, LLP), Atlanta, for other party.
    Case Number: A18A0863

    New injury exception tolls statute of limitations after initial medical misdiagnosis

  • Pham v. Black

    Publication Date: 2018-10-30
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Michael Bailey, Randolph Powell, Bailey Sabulis, Arthur Cheek, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: LaTisha Jackson, Thomas Sampson, (Thomas Kennedy Sampson & Tompkins LLP), Atlanta, Thomas Sampson, (Attorney At Law), Atlanta, for appellee. Wade Copeland, Stephanie Vari, (Carlock Copeland & Stair, LLP), Atlanta, Hunter Allen, (Allen, McCain & O'Mahoney, P C.), Atlanta, Robert Monyak, (Peters & Monyak, LLP), Atlanta, Austin Ellis, (Attorney at Law), Atlanta, for Other Party.
    Case Number: A18A1360

    Court Reverses Order Denying Summary Judgment to Doctor Accused of Causing Emergency Room Patient's Death by Failing to Stabilize the Patient