Summary Judgment Affirmed by The Supreme Court of Georgia

  • Aug 25 2020

On August 24, 2020, the Georgia Supreme Court affirmed summary judgment obtained by Weathington, LLC in a medical malpractice case. In 2017, Weathington, LLC’s Physician client was sued following a uterine fibroid embolization procedure with allegations that he violated the standard of care by failing to provide the patient post-procedure care. Following expert discovery, Weathington attorney David Hanson obtained a summary judgment ruling from the trial court that the Physician was not liable based on the testimony of Plaintiff’s expert witness. Plaintiff appealed and the Court of Appeals affirmed in a decision reported at 354 Ga. App. 279. The Supreme Court denied Plaintiff’s petition for certiorari, upholding the rulings of the trial court and Court of Appeals.

Summary judgment is exceedingly rare in medical malpractice cases, and this ruling represents a significant victory for the Physician. Despite the obstacles, this case is an example of how a clear strategy, targeted discovery, and aggressive questioning of Plaintiff’s experts can still result in expeditious resolution of cases without the expense and burden of trial.

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