Filter This View

  • Kidney et al. v. Eastside Medical Center LLC et al.

    Publication Date: 2017-11-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: George McGriff (McGriff & Associates), Roswell; Eric Wyatt (George W. McGriff & Associates), Roswell, for appellant.
    for defendant: Kevin Race, Terrance Sullivan (Insley & Race, LLC), Atlanta; Rolfe Martin (Owen Gleaton Egan Jones & Sweeney, LLP), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Heather Miller (Carlock Copeland & Stair), Atlanta, for appellee. Michael Bailey (Huff, Powell & Bailey, LLC), Atlanta, for other party.
    Case Number: A17A0806

    The trial court partially erred in granting summary judgment to medical defendants in plaintiffs' medical malpractice action because whether defendants were entitled to the benefit of the heightened evidentiary burden of the emergency medical care statute, O.C.G.A. § 51-1-29.5, depended on disputed issues of fact.

  • Robles et al. v. Yugueros et al.

    Publication Date: 2017-11-27
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brent Kaplan (Isenberg & Hewitt, PC), Atlanta, for appellant.
    for defendant: Michael Bailey, Erica Jansen (Huff, Powell & Bailey, LLC), Atlanta; Thomas Carlock (Carlock, Copeland & Stair), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Neil Edwards (Attorney at Law), Atlanta, for appellee.
    Case Number: A15A1566

    The Court affirmed the trial court's decision to exclude certain deposition testimony the medical malpractice plaintiff sought to admit as an admission against interest, because plaintiff failed to meet his burden of proving that the evidence was admissible.

  • Graham v. Reynolds et al

    Publication Date: 2017-11-17
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Myers, Brynda Insley, Philip Henderson (Insley & Race LLC), Atlanta, for appellant.
    for defendant: Marc Metts (Metts Law Firm), Douglas; Patrick Jaugstetter (Power & Jaugstetter, P. C.), McDonough; Thomas McFarland (Bruce McFarland Law), McDonough, for appellee.
    Case Number: A17A0709

    The trial court properly denied defendant's motion to dismiss plaintiffs' medical malpractice action because, contrary to defendant's contention, plaintiffs' expert's affidavit was sufficient to meet the requirements of O.C.G.A. 9-11-9.1.

  • Jordan v. Everson et al

    Publication Date: 2017-11-08
    Practice Area: Medical Malpractice
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Eric Jeffrey Frisch (Carlock, Copeland & Stair, LLP), Atlanta, for appellant.
    for defendant: Neal Henry Howard (Neal H. Howard & Associates), Columbus; Simon Weinstein (Law Office of Simon Weinstein, LLC), Atlanta, for appellee. Carl Richard Langley, Albany, for other party.
    Case Number: S17G1491

    The Court of Appeals erred in holding that an independent, intervening act breaks the chain of causation in a wrongful death case only to the extent that the independent, intervening act is wrongful or negligent; rather, the act only has to be reasonably foreseeable by the alleged tortfeasor or triggered by his conduct.