In the recent case of Herrin v. Herrin, the GA Supreme Court reversed a trial court’s decision to increase a child support award and award attorney’s fees.  The trial court had found that the mother was “underemployed” and capable of earning more income.  The Supreme Court, however, held that the record was devoid of any evidence [...]

Our firm recently represented the administrator of an estate in an action against a Georgia health care provider for damages resulting from the death of an elderly patient who developed a severe (Stage Four or higher) decubitus ulcer.  An expert witness retained by the plaintiff believed that the ulcer was clearly preventable and contributed to the patient’s death.  [...]

In an unanimous opinion published on March 22, 2010, the GA Supreme Court declared unconstitutional the medical malpractice caps enacted in 2005 as part of the GA Tort Reform Act.  Those caps had previously limited non-economic damages (pain, suffering, etc.) generally to $350,000.00 per defendant.  The Court held that the dollar limitation unconstitutionally infringed upon the right [...]

Under the child support guidelines that became law on January 1, 2007, payment of out-of-pocket medical expenses (i.e., what is left after insurance has paid all it will pay) is generally to be allocated between the parents based upon their pro-rata shares of the overall gross income on which child support has been calculated.  Prior [...]