Georgia law draws a sharp distinction between ordinary negligence and medical malpractice. The former does not necessarily require an expert’s opinion to prove liability, but the latter does. Specifically, the Georgia Supreme Court has said that medical malpractice victims must present evidence from at least one expert witness in order to “overcome the presumption that the [defendant] acted with due care and establish the [defendant]’s negligence.” Southeastern Pain Specialists, PC v. Brown Even in cases of egregious medical malpractice in which you would think common sense would tell you there was negligence, Georgia courts still demand expert testimony. To drive this point home, the Georgia Supreme Court recently threw out a $22 million verdict against an Atlanta doctor and his clinic. The justices felt the trial judge failed to properly instruct the jury on the differences between ordinary and medical negligence. Continue reading
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