Lawyers for a doctor and an obstetrics practice on the losing end of a $46 million medical malpractice award tried to convince Georgia’s Supreme Court Thursday to throw it out or order a new trial on apportionment of liability.

Holland and Knight partner Laurie Webb Daniel, representing Atlanta Women’s Specialists, said it should never have been included as a co-defendant because the complaint only accused the doctor of negligence. The group was also surprised when another doctor at the clinic who was not a defendant was included in the pretrial order as a basis to assert vicarious liability against it.