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Georgia Court of Appeals Affirms Exclusion of Expert Witness – Recent Blog Posting by Eric Frisch

July 18, 2016

Recent blog posting by Eric Frisch.

In McKuhen v. TransformhealthRX, Inc., the Georgia Court of Appeals affirmed the exclusion of an unqualified expert witness in a medical malpractice case. The expert, Dr. Kern, stated in the affidavit submitted to comply with O.C.G.A. §9-11-9.1 that he had experience with correctional health and alcohol detoxification. In his deposition, however, Dr. Kern “provided more specific testimony that contradicted his affidavits.” While Dr. Kern testified he had done some teaching, he conceded his coursework did not relate to alcohol detoxification, the issue in the case. Likewise, although he claimed working in correctional health, it was as an administrator, not a clinician and without nursing supervision oversight. The Court concluded that it was “constrained by the standard of review” to affirm the trial court’s decision to exclude the testimony and ultimately, summary judgment on the medical malpractice claim in the case.

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