MAG files amicus brief to support physician, Resurgens

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The Medical Association of Georgia (MAG) has filed an amicus brief to support Resurgens Orthopaedics and Tapan K. Daftari, M.D., in a case that has been appealed to the Georgia Supreme Court. A patient who alleges he received negligent treatment that led to him being paralyzed from the waist down maintains that the lower court erred when it excluded the testimony of a nurse – a “surprise witness” – who worked at the hospital where he was treated.

MAG contends that Georgia law gives courts the discretion to impose a wide range of sanctions for discovery violations, including the one that occurred in this case. MAG adds that “the decision to allow plaintiffs to call surprise witnesses at will, without real fear of meaningful sanctions, grants them an unlimited amount of power…[which is a] major concern to physicians, as these claims are often brought by plaintiffs who have been seen by numerous other physicians and health care providers throughout the course of their treatment.”

MAG Legal Analyst Kimberly Ramseur explains that, “This decision would practically require defendants to identify and interview or depose each and every person who interacted with a plaintiff/patient throughout the course of their care and treatment, [which] would be expensive, time consuming, and otherwise unduly burdensome, and would be in direct conflict with Georgia law.”

Contact Ramseur at kramseur@mag.org or 678.303.9274 with questions. 

Click for MAG amicus brief