Medical Malpractice

Arbitration Clause Struck Down By Court of Appeals in Wrongful Death Claim

  If an arbitration agreement is present, courts rarely prevent parties from being required to arbitrate their disputes.  But the Court of Appeals did so in this case. In Norton v. United Health Services of Georgia, Inc., (No. A15A2268, Ga. App., March 2, 2016), the Georgia Court of Appeals examined whether an arbitration agreement was…

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Improper Exclusion of Evidence Allows Injured Plaintiff to Get New Trial

An injured plaintiff got a break from the Georgia Court of Appeals in Robles v. Yugueros, 779 S.E.2d 139 (Ga. App. 2015).  The trial court had ruled that certain very important evidence favorable to Plaintiff could not be presented at trial.  The jury returned its verdict against Plaintiff and in favor of Defendants. The Court…

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