by Sean Cantkier | Oct 26, 2023
The Georgia Court of Appeals has held that “immunity” from routine medical malpractice lawsuits during the COVID-19 pandemic does not apply to a claim arising out of elective back surgery. Plaintiff sought medical care from an orthopedic surgeon related to back pain....
by Sean Cantkier | Oct 24, 2023
Yes, you read that right. Two of three judges of a Georgia Court of Appeals panel has held that a patient must be dead for a wrongful death claim to proceed. Plaintiffs was alleged to be conservator of the estate of a mental health patient who was missing from a...
by Sean Cantkier | Oct 18, 2023
The Georgia Court of Appeals has affirmed that a closing lawyer generally has no duty to a non-client. Plaintiff was selling property to a purchaser. Purchaser retained the closing lawyer, whose firm had also represented purchaser in litigation with the Plaintiff. The...
by Sean Cantkier | Oct 6, 2023
Last Thursday, the Tennessee Supreme Court in Commercial Painting Co. Inc. v. Weitz Co. LLC[1] ruled the “economic loss doctrine” applies only to products liability cases and should not be expanded to construction disputes. The economic loss rule provides that where a...
by Sean Cantkier | Sep 8, 2023
The Georgia Court of Appeals affirmed the exclusion of two expert witnesses in a case involving the alleged failure to diagnose severe malaria. The patient presented to the emergency department following a trip to Africa with concerns that he may have contracted...
