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Spencer A. Bomar

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Biography


Over the better part of twenty years, Spencer Bomar has committed himself to defending medical providers involved in challenging medical malpractice lawsuits in multiple specialties of medicine.

He has also defended general liability suits, including products liability, premises liability, and automobile liability cases. In 2019, he, along with Dan McGrew, Heather Miller, and Andrew Bagley, formed McGrew Miller Bomar & Bagley, LLC, where he is currently a name partner.

Spencer, a ninth generation Georgian, was born and raised in Marietta (Cobb County), Georgia. His parents, a lawyer and a schoolteacher, instilled the values of honesty, civility, and dignity in him from an early age. Following high school, Spencer left for North Carolina to play NCAA Division I tennis on scholarship. After two years, however, he returned home to the University of Georgia and graduated with a degree in political science. After earning his undergraduate degree, and having witnessed his father’s distinguished law career in the Georgia Attorney General’s Office, Spencer decided to attend law school at the University of Alabama.

After law school, Spencer returned to Atlanta to begin practicing law. Since 2000, Spencer has represented civil defendants in more than 20 trials throughout Georgia. He has helped guide clients through complex litigation, arbitration, mediation, and administrative health care matters. Over this time, he developed important relationships with clients, their insurers, other lawyers, judges, and opponents, alike. Spencer’s approach to practice is direct, deliberate, and detail oriented. As a result, peer reviews have awarded him with a Martindale-Hubbell® AV Preeminent Rating, the highest possible rating for both legal ability and ethical standards. He has also been repeatedly nominated to Super Lawyers®, as a Georgia Rising Star and as a Georgia Super Lawyer, as well as selection to The Best Lawyers in America©.  Most recently, Spencer was invited to join the American Board of Trial Advocates.  

Spencer is married to his wife, DeAnn, who is also a lawyer. They have one child. Spencer is a member of the College of Elders, Presbyterian Church USA, and Peachtree Presbyterian Church in Atlanta. Spencer enjoys traveling, reading non-fiction, studying history, and following Georgia football.

    • University of Alabama, School of Law, J.D., 2000

    • University of Georgia, B.A., 1997, cum laude

    • Georgia, 2000

      • State Court

      • Superior Court

      • Court of Appeals

      • Supreme Court

    • U.S. District Court

      • Northern District (GA)

      • Middle District (GA)

      • Southern District (GA)

    • Georgia Bar Association, Member

    • Atlanta Bar Association, Member

    • Former Vice President and Secretary of the Atlanta Chapter of Claim and Litigation Management Alliance

    • Lawyers Club of Atlanta, Member

    • Georgia Society of Healthcare Risk Managers

    • Martindale-Hubbell® AV Preeminent Rated

    • Recognized by The Best Lawyers in America© for work in Litigation Insurance (2020), and in Medical Malpractice Law Defense (2021, 2022, 2023)

    • Super Lawyers®, Georgia Super Lawyer (2019 - 2025)

    • Premier 100, National Academy of Jurisprudence (2015)

    • Super Lawyers®, Georgia Rising Star (2007, 2009,
      2011)

    • American Board of Trial Advocates, Member (2023)

Super Lawyers rating label with AV Preeminent and lawyer ratings by Spencer A. Bomar

Accomplishments


07/11/2024 

Defense Verdict in Favor of Emergency Medicine Physician 

After a two-week medical malpractice trial, Spencer Bomar and Trisha Godsey obtained a defense verdict in Gwinnett County for an emergency medicine physician. The physician allegedly failed to timely diagnose an epidural spinal hematoma and consult a neurosurgeon causing paralysis and death. The jury disagreed and found that the physician was not liable. 

This is Trisha's second and Spencer's third defense verdict in 2024. 

03/28/2024 

Defense Verdict in Favor of Family Practice Physician 

Heather Miller and Spencer Bomar obtained a defense verdict in favor of a family practice physician in a wrongful death medical malpractice case after a one-week trial in Cobb County. Plaintiff alleged that the physician failed to recognize signs of infection with the patient at an office visit a week after discharge from a hospitalization involving sigmoidectomy, colostomy, and appendectomy surgeries. The patient died from necrotizing fasciitis days later, but evidence proved that the infection developed subsequent to the office visit at issue. 

03/01/2024 

MMBB Partners Spencer Bomar and Colleen Callaghan Secure a Defense Verdict Spencer Bomar and Colleen Callaghan obtained a defense verdict for an obstetrician after trying a three-week long birth injury case in Fulton County. 

Plaintiffs alleged that there were failures with the pre-natal care that led to a hypoxic ischemic encephalopathy at birth. Spencer and Colleen presented evidence that all high-risk conditions were monitored appropriately, that all pre-natal testing was reassuring, and that the injury claimed did not occur because of anything that occurred in the pre-natal period. 

09/07/2023 

Appellate Victory 

Spencer Bomar and Dan McGrew moved to exclude one of Plaintiff's expert witnesses in the trial court, specifically an internal medicine doctor who tried to provide standard of care and causation opinions against an infectious disease doctor involved in treating a malaria patient. The trial court ruled that Plaintiff's expert lacked sufficient expertise and used an unreliable methodology. The trial granted the motion to exclude and, after briefing and oral arguments in the Court of Appeals, the trial court's ruling was affirmed. 

04/13/2023 

Summary Judgment Affirmed on Appeal 

The Court of Appeals of Georgia affirmed the grant of summary judgment obtained at the trial court level by Spencer Bomar and Trisha Godsey. 

The plaintiff in this premises liability case alleged that a medical practice failed to exercise ordinary care to protect her from a hazardous condition, a chair alleged to be defective, in its waiting room. The chair broke when the plaintiff sat down in it to wait for her appointment, and she claimed back injuries requiring surgery from her fall to the floor. The medical practice moved for summary judgment on the grounds that it lacked actual or constructive knowledge of any hazard or defect with the chair. The medical practice argued, and the Court of Appeals agreed, that there were no prior incidents or complaints involving the waiting room chairs, there was no evidence establishing how

the chair at issue was defective, if at all, there was no evidence regarding how long any defective condition may have existed, and there was no evidence that the medical practice had any knowledge of any defect. 

03/10/2021 

Defense verdict in favor of a general surgeon 

Defense verdict in favor of a general surgeon in a week-long medical malpractice trial in Gwinnett County. The case involved a delayed bowel perforation complication days after performance of a rectosigmoid colon resection. The surgeon was alleged to have failed to recognize signs of infection in the post-operative period in order to timely diagnose the problem. 

03/10/2021 

Summary judgment (pharmacy/RICO) 

Summary judgment on issue of causation in a pharmacy case alleging professional negligence and RICO allegations. 

03/10/2021 

Dismissal in Peck v. Bishop 

Medical malpractice action was dismissed for Plaintiff's failure to comply with 2007 version of O.C.G.A. § 9-11-9.1. The dismissal was upheld on appeal. Peck v. Bishop, 668 S.E.2d 558. 

12/30/2020 

U.S. Eleventh Circuit Court of Appeals Affirms Grant of Summary Judgment in Correctional Medicine Case 

The prisoner alleged that the physician failed to timely evaluate and treat the prisoner's fractured knee, which caused him to sustain additional injury, pain, and suffering. On behalf of the physician, Bomar and Britt vigorously defended against these allegations, asserting that all care provided complied with and exceeded the applicable standard of care. Bomar and Britt filed a Motion for Summary Judgment in the Southern District of Georgia, showing that Plaintiff's claims fail as a matter of law. The Southern District of Georgia agreed, and granted the Motion for Summary Judgment. The plaintiff appealed the decision to the Eleventh Circuit Court of Appeals. In a lengthy and detailed opinion, the Eleventh Circuit Court of Appeals affirmed the decision of the Southern District of Georgia to grant the physician's Motion for Summary Judgment. 

12/22/2020 

Defense verdict in Athens-Clarke County 

Spencer Bomar tried a week-long medical malpractice trial in Athens-Clarke County. The case involved a cervical spine surgery in a patient who experienced a subsequent kyphotic deformity and later developed neurological deficits. The case resulted in a defense verdict for the defendant neurosurgeon. 

12/20/2020 

Defense verdict for plastic surgeon 

Spencer Bomar and Dan McGrew obtained a defense verdict in favor of a plastic surgeon alleged to have failed to timely diagnose a rare, invasive fungal infection called Mucormycosis in a patient who died as a result. The trial lasted 7 days. Jury, after deliberation, found in favor of the Defendant physician.

12/19/2020 

Defense verdict for urological surgeon 

Dan McGrew and Spencer Bomar obtained a defense verdict in favor of a urological surgeon who allegedly failed to intervene as the assistant, but more experienced surgeon, to prevent a surgical complication during a nephrectomy caused by another urological surgeon.