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Court of Appeals Denies Plaintiff’s Attempt to Obtain Double Recovery of Attorney’s Fees Under Bad Faith Statute O.C.G.A. § 13-6-11 and Offer of Judgment Statute O.C.G.A. § 9-11-68(b)

The Georgia Court of Appeals recently held that where a plaintiff made an offer of settlement to the defendant, and... Continue Reading

Supreme Court Limits Apportionment to Only Cases with More than One Defendant

From Richard G. Tisinger Jr.  Continue Reading

Court of Appeals Rules Gross Negligence Standard Applies to All Emergency Care Provided in Obstetrical Unit

In OB/GYN Associates v. Brown, A20A1447 (Ga. App. October 23, 2020), the Court of Appeals held that the gross... Continue Reading

What to Do if You Are Sued

The odds are that you will be sued for malpractice during your career. If a patient receives a bad result,... Continue Reading

Georgia Court Of Appeals Reaffirms That Award of Attorney’s Fees to a Plaintiff Under O.C.G.A. § 9-11-68 Cannot Be Based On a Contingency Fee.

Kennison v. Mayfield 2021WL978474 (Ga. App. March 16, 2021) reaffirmed that a party seeking attorney's fees under... Continue Reading

Update – Enforcement of Offer of Settlement Under O.C.G.A. § 9-11-68(b)

From Richard G. Tisinger Jr.  Continue Reading

Medical Malpractice Case Update Dale P. Daly, M.D. And Savannah Cardiology, P.C. V. Shane H. Berryhill And Pamela S. Berryhill, Supreme Court Of Georgia, Case No. S19C0499

I write concerning a case before the Supreme Court of Georgia involving the assumption of the risk and the... Continue Reading

Court of Appeals Rules Defendant May Introduce Evidence That a Treating Physician Had a Financial Interest in the Outcome of a Personal Injury Action

In Stevens v. Castano-Castano, Ga. App. A18A0100 (June 27, 2018), the Court of Appeals held the collateral source... Continue Reading

Court of Appeals Limits Application of Ordinary Negligence in Malpractice Cases

In St. Mary's Health Care System, Inc. v. Roach A17A1582 (March 2, 2018), the Court of Appeals reversed a trial... Continue Reading

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