T’Miaya Smith’s son, J.H., began having seizures after his birth. A CT scan revealed ischemic injuries to his brain. Ischemic injuries result from the lack of blood flow to the brain causing brain damage. Smith, on behalf of her son, filed a lawsuit against Lauren Braswell, a midwife who provided care to Smith during her labor and delivery. The suit also named Atlanta Women’s Health Group, which was Braswell’s employer.
It was alleged that Braswell was negligent in the management of Smith’s labor and delivery. The defendants filed a motion to exclude the testimony of one of Smith’s expert witnesses. There was also a motion to exclude causation testimony from any of Smith’s expert witnesses and there was a motion for summary judgment. The trial judge granted the defendants’ motions. Smith appealed for the following reasons, but the appellate court affirmed.
Smith appealed to the Georgia Appellate Court to reverse the trial judge’s order excluding the testimony of the maternal-fetal medicine expert. The court stated, “The determination of whether a witness is qualified to render an opinion as an expert is a legal determination for the trial court and will not be disturbed absent a manifest abuse of discretion. The admissibility of expert testimony in civil cases provides: