Legal Opinion · Dissent

Dempsey v. Gwinnett Hospital System, Inc.

Court of Appeals of Georgia

Decided November 21, 2014No. A14A1427, A14A1428Published

1DissentMcMlLLIAN, Judge

Because I believe that the trial court correctly found that Man-nering was not a member of the same profession as the hospital’s *476RNs, I must respectfully dissent. OCGA § 24-7-702 (c) (2) specifically governs expert testimony in medical malpractice cases, and subsection (c) (2) (C) (i) requires that a proffered expert be “a member of the same profession” as the defendant whose conduct is at issue. Subsection (c) (2) (D) goes on to provide the sole exception to that requirement. An otherwise qualifying physician may testify as to the standard of care provided by “nurses, nurse practitioners,…

2Cases cited2 opinions

  1. Hankla v. PostellSupreme Court of Georgia · 2013
  2. Hubert Properties, LLP v. Cobb CountyCourt of Appeals of Georgia · 2012

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