Reviving a $13.9 million medical malpractice verdict, the Georgia Court of Appeals split 4-3 over whether midwives can provide expert testimony about care provided by nurses.

A lawyer for the defendant hospital said unless his client persuades the appeals court to reconsider its ruling, his client will ask the state Supreme Court to review the matter. The defendant’s argument is that a certified nurse midwife should not have been allowed to testify about the alleged negligence of registered nurses who attended the birth of a baby born with brain damage.