What to Do When a Defense Expert Claims a Medical Procedure Was Unnecessary

An image of a medical procedure.

What to Do When a Defense Expert Claims a Medical Procedure Was Unnecessary A useful practice pointer from Scott Campbell this morning at the Fried Rogers Goldberg Workshop: When the defense has a credible medical expert offer an opinion in a deposition that a procedure was unnecessary, one strategy is to push that expert on whether recommending the procedure […]

Do a Small Number of Physicians Account for Most Medical Malpractice Claims?

An image of an injured stuffed animal.

A study in the New England Journal of Medicine supports what most trial attorneys know intuitively. A substantial portion of malpractice claims are concentrated among a small number of physicians. This result is consistent with the fact that very few malpractice claims result in settlement, and even fewer go to trial. The majority of these claims are […]

How Specific Must Evidence of Deliberate Indifference to Medical Need Be?

An image of a dark, empty, hallway.

APRIL 3, 2019 Today the Eleventh Circuit published a useful opinion for civil rights attorneys. See Taylor v. Hughes, 11th Cir. Case No. 17-14772, available here. The case involved an individual who was found drunk in his vehicle. He insisted he had been in an accident. Some evidence reflected that he had physical injuries consistent with a […]

Are Punitive Damages Available in Georgia for Abusive Litigation?

An image of money.

Today the Supreme Court of Georgia granted certiorari on a potentially important question:  Does the language “all damages allowed by law” in OCGA § 51-7-83(a) authorize an award of punitive damages in a statutory claim for abusive litigation? Section 51-7-83 permits a plaintiff to obtain all damages allowed by law in several types of cases. […]

Can You Attack an Expert Affidavit on Daubert Grounds?

substantial evidence standard in Georgia

Georgia law requires that attorneys support professional negligence claims with an expert affidavit. O.C.G.A. § 9-11-9.1 Can defendants challenge that affidavit on Daubert grounds? (Codified in Georgia as O.C.G.A. § 24-7-702). If so, does Rule 702 apply in the usual manner? At least nominally, Rule 702 does apply. O.C.G.A. § 24-7-702(e) provides that “An affiant shall meet the requirements of this Code […]

Is It Legal to Boot Cars in Georgia?

Is It Legal to Boot Cars in Georgia? Ever have your car booted under shady circumstances and think “how can that possibly be legal?” Well, the answer is: it isn’t. Bravo to Matt Wetherington and Kevin Patrick for their recent court victory proving this is so. Perhaps nothing better showcases both creativity and brilliance than presenting an idea that […]