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Medical Malpractice

Federal District Court Grants Motion in Favor of Atlanta’s Veterans Affairs Medical Center

Although medical malpractice suits against the VA are often complicated by the specialized requirements under the Federal Torts Claims Act or the unique rules for medical malpractice actions pursuant to Georgia state law, sometimes the issue holding a case back is simply the theory of liability, the evidence provided, or failing to proactively litigate. These…

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Court of Appeals Affirms in Medical Malpractice Case

In the overwhelming majority of medical malpractice cases, a plaintiff will need to provide expert testimony in order to succeed on his or her claim. Expert testimony is necessary, since a typical juror cannot make a determination regarding whether a physician has breached his duty of care without the aid of an expert who can…

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Georgia Court of Appeals Affirms Decision Denying Arbitration

Since passage of the Federal Arbitration Act of 1925, arbitration clauses have become a commonplace, if not boilerplate, provision utilized in contracts executed in the United States. However, given the ubiquity of adhesion contracts, many people are often unaware they are waiving the right to have their grievances decided in court and, more importantly, many…

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Georgia Court of Appeals Addresses Application of Emergency Room Statute in Infant Medical Negligence Case

As we’ve discussed before, the standard for medical malpractice liability in Georgia varies depending on whether the alleged act of medical malpractice occurs during an emergency situation. Given that the standard for liability is more stringent under Georgia’s emergency room statute, O.C.G.A. § 51-1-29.5, determining whether the statute applies is crucial for obtaining recovery against…

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Court of Appeals Clarifies Standard for Expert Testimony in Medical Malpractice Decision

Since certain subject matter falls beyond the knowledge or experience of an average juror, cases will occasionally require that a plaintiff or defendant provide expert testimony that will assist the jury in making necessary factual determinations for resolving a case. In particular, expert testimony is often necessary in medical malpractice cases, since many jurors lack sufficient…

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Georgia Court Affirms Adverse Jury Verdict in Stillborn Birth Appeal

Although many medical malpractice suits involve troubling facts, those underlying Armstrong v. Gynecology & Obstetrics of Dekalb, a recent decision of the Georgia Court of Appeals, are especially gloomy. The plaintiffs in this case brought a medical malpractice suit against Gynecology & Obstetrics of DeKalb, P.C. and three physicians who worked for the medical practice…

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