Georgia Rehab Facility Doctor Gets Redo in Wrongful Death Suit

The family of a deceased patient suffered a setback in a lawsuit against a long-term care facility doctor, because the trial court wrongly granted them summary judgment on crucial elements of their medical malpractice claim, a Georgia appeals court said.

By holding that the doctor failed to show that a jury question existed on the issues of duty of care and breach, the trial court “impermissibly shifted” the plaintiffs’ burden of proving their case to the doctor, the Georgia Court of Appeals said Monday. Instead of leaving the burden on the plaintiffs “where it belongs,” the trial court made the ...