Georgia Woman Holds on to $4.5 Million Medical Malpractice Award

A verdict awarding a Georgia woman $4.5 million against her orthopedic surgeon will stand despite the doctor’s claim that the trial judge incorrectly instructed the jury to disregard references to insurance and disability benefits, a state appeals court said.

A cautionary jury instruction based on any issue squarely placed before a jury isn’t reversible error, even if the matter wasn’t introduced into evidence, the Georgia Court of Appeals said Monday. A trial judge has discretion to give such an instruction if “any improper circumstance was injected into the case,” Judge Christopher J. McFadden said.

Amy Douglas sued Thomas Lawhorne III ...