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Condra v. Atlanta Orthopaedic Group

Supreme Court of Georgia

681 S.E.2d 152 (2009)

Relevant factsFree

Daphyne Condra (plaintiff) developed aplastic anemia after her physician, Dr. Chappuis (defendant), prescribed the drug Tegretol without monitoring her blood counts; at trial, Condra's experts testified that blood monitoring was the standard of care, while defense experts testified monitoring, though reasonable, wasn't required — even though one defense expert admitted in deposition that he personally monitored his own Tegretol patients' blood counts. The trial court barred Condra from questioning defense experts about their personal practices, the jury found for the defendants, and the appellate court affirmed based on prior precedent excluding such evidence; Condra appealed.

IssueFree

Whether, in a medical malpractice suit, a court may exclude evidence of an expert witness's own practices insofar as they relate to the applicable standard of care.

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