by Sean Cantkier | Jun 28, 2023
The Georgia Court of Appeals has held that a plaintiff could not assert new claims in a renewal action based on expiration of the statute of limitations. Plaintiff presented to the emergency department at Floyd Medical Center on at 8:30 pm July 1, 2016 complaining of...
by Sean Cantkier | Jun 28, 2023
The Georgia Court of Appeals affirmed summary judgment on a plaintiff’s claims of battery arising out of a blood draw. Plaintiff alleged that she went to her doctor’s office for a routine checkup, including a blood draw. During other visits, a nurse named Dina drew...
by Sean Cantkier | Jun 22, 2023
For the second time in two days, the Georgia Court of Appeals has affirmed summary judgment for the defense based on excluded expert witness testimony. The decedent had surgery at a hospital to remove her left kidney. While recovering, she bled internally and died....
by Sean Cantkier | Jun 22, 2023
The Georgia Court of Appeals affirmed the exclusion of the opinions of an expert under a Daubert analysis because the opinions were not based on sufficient facts or data. Plaintiff was the administrator of the estate and husband of the decedent, who passed away...
by Sean Cantkier | Jun 7, 2023
The Eleventh Circuit Court of Appeals affirmed summary judgment to corrections officers and healthcare personnel in a case of alleged deliberate indifference to serious medical needs, holding that the claimant is required to prove more than gross negligence to create...