McWhirterv.Clinkscales
The parents of a 15-month-old boy who died after a button battery eroded through his esophagus won a malpractice verdict against the child's pediatrician and her practice, alleging the doctor should have considered a swallowed foreign object and ordered imaging earlier. On appeal, the defendants challenged the admission of a causation expert, the denial of a new trial on the general grounds, and the refusal to apply a statutory cap on noneconomic damages. The Court of Appeals of Georgia affirmed. It held that the expert testimony was admissible for the jury to weigh, that the record did not rebut the usual presumption that the trial judge properly exercised discretion in denying the general-grounds motion, and that the appellate court could not reach the damages-cap issue because the trial court never distinctly ruled on the constitutional question the defendants chose to press on appeal.
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