GEORGIA JOINS GROWING “TREND” OF JURISDICTIONS ALLOWING EVIDENCE OF EXPERT'S PERSONAL PRACTICE
Posted by Jonathan A. Barash
You are defending a medical malpractice lawsuit. At trial, plaintiff’s expert testifies that treatment your doctor-client failed to do was required by the applicable standard of care. From pre-trial discovery you know, despite her trial testimony, that plaintiff’s expert did not always employ that particular treatment in her own practice. Until two months ago, you would not be able to offer this evidence to impeach plaintiff’s expert. Evidence of an expert’s own practice was deemed irrelevant on the grounds that the standard of care is that which is employed by the medical profession generally, not what one individual doctor thought was advisable and would have done under the circumstance.
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