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Court of Appeals Affirms Grant of Summary Judgment to Home Hemodialysis Provider in Malpractice Case

March 12, 2018

The Court of Appeals affirmed a Gwinnett County trial court’s grant of summary judgment to a dialysis provider.  Doug Smith and Claire Sumner represented the provider, who rendered home hemodialysis to a patient 2008.  The 2010 lawsuit culminated in a 2016 summary judgment filing.  The trial court determined that Plaintiff, the patient’s daughter, failed to establish both causation and damages in her malpractice case and dismissed the same in its entirety against the provider and other defendants.  On appeal, Plaintiff/Appellant argued that her nephrologist expert had testified, via affidavit, that the provider’s care left the patient in a “further weakened state,” which testimony was sufficient evidence of causation to warrant denial of summary judgment.  In response, Doug and Claire argued that this opinion, pursuant merely to the pleading standards of O.C.G.A. section 9-11-9.1, was contrary to the expert’s deposition testimony, which took precedence pursuant to O.C.G.A. section 9-11-56.  In a succinct opinion, the Court of Appeals agreed, affirming the trial court’s decision and finding that the issues were controlled “adversely to the appellant for the reasons and authority given in the appellees’ brief.”

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.