Medical Malpractice Defense

With over 40 years combined experience handling medical malpractice cases, principals Ted Pound and Scott Commander have successfully tried cases on behalf of physicians throughout the metropolitan Atlanta area and across Georgia.

Combined, we have tried more than 50 cases to jury verdicts on behalf of physicians and hospitals—more than 90% of which resulted in defense verdicts or jury awards in amounts less than previous settlement offers that had been rejected by plaintiffs.

In addition to jury trials, we have been involved in appeals on behalf of physicians, hospitals and other healthcare providers that have contributed to shaping Georgia law in the medical malpractice arena, including landmark rulings relating to the independent contractor status of emergency physicians, the legal standard for establishing causation, jury instructions generally, and various evidentiary issues that impact the trial of virtually every professional negligence case. We are proud to be a part of the ongoing evolution of the legal principles that protect physicians and providers, and their patients as well, and that also assure the continued integrity of the process by which these cases are resolved.

A Variety of Clients

Commander+Pound, LLP has represented physicians in virtually all areas of medicine, including primary care providers (internists, family practitioners, emergency physicians and pediatricians) and a wide range of medical and surgical specialties (neurologists, OB-GYNs, endocrinologists, radiologists, general surgeons, orthopedic surgeons, plastic surgeons and colorectal surgeons).

Our clients in this arena include the largest physician-owned insurer in Georgia, other professional liability carriers and third-party claims administrators, and numerous individual physicians and their practice groups, both self-insured and those with and without traditional professional liability insurance.

Jury Verdict Successes

Recent jury verdicts have included:

• a unanimous defense verdict following a hung jury in the initial trial of a case in which a family practitioner allegedly misdiagnosed congestive heart failure in a patient with concurrent gastrointestinal complaints
• a defense verdict for an obstetrician alleged to have caused brain damage in a child delivered by vacuum extraction
• a defense verdict for an emergency physician alleged to have negligently missed the diagnosis of appendicitis in a patient with concurrent hepatitis who subsequently incurred more than a million dollars in medical expenses due to sepsis, ARDS and a lengthy hospital course resulting from complications of the perforated appendix
• a defense verdict for a radiologist alleged to have misinterpreted radiology studies

Voluntary Dismissals & Favorable Trial Court Rulings

In addition to jury trials, we have been successful in resolving cases by voluntary dismissal or favorable trial court rulings based on legal principles, including:

• voluntary dismissal by the plaintiff following the filing of a motion for summary judgment due to a lack of evidence on causation in a case where the family alleged that a patient's death had been caused by a delayed diagnosis of colon cancer
• a summary judgment on behalf of a gastroenterologist on the basis of the statute of repose

Mediations and Settlements

In addition to jury trials and cases resolved by legal rulings, Commander+Pound, LLP has participated in many dozens of successful mediations and traditional settlement negotiations, aggressively and effectively representing our clients in the efficient resolution of difficult cases.