The Court of Appeals of Georgia recently affirmed a trial court’s grant of summary judgment that was obtained by Andrew Bagley and Sam Britt for their OB/GYN client and his medical practice in April 2017. The plaintiffs alleged that the OB/GYN physician applied excessive lateral traction in the face of shoulder dystocia and caused the plaintiffs’ son to sustain a brachial plexus injury. Andrew and Sam were able to show that the plaintiffs’ lone expert’s opinion impermissibly relied upon the doctrine of res ipsa loquitor, which is inapplicable to medical malpractice cases in Georgia. As a result, the trial court excluded the plaintiffs’ expert and awarded summary judgment to the defendants. The Court of Appeals affirmed the trial court’s decision, finding that there was no evidence from which a jury could determine that the OB/GYN had applied any lateral traction during the delivery.
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