Expert testimony is usually the key to winning a medical malpractice case. Georgia law governs the admission of expert testimony. In a lawsuit alleging negligence against a medical professional, a proposed expert must be “a member of the same profession” as the defendant. In other words, a pharmacist cannot offer expert testimony in a malpractice case against a neurosurgeon.
A divided Georgia Court of Appeals recently addressed a much closer question: is a certified nurse midwife in “the same profession” as a registered professional nurse?
Dempsey v. Gwinnett Hospital System, Inc.