Wayne D. McGrew

Senior Partner
  • (404) 524-1600 - (office)
    (404) 524-1793 - (direct dial)
  • (404) 524-1610

Wayne D. McGrew

Professional Profile

Wayne D. McGrew, III (Dan) is an AV rated trial lawyer who was inducted as a fellow in the American College of Trial Lawyers in 2013. The membership of the College cannot exceed one percent of the total lawyer population of any state. Since 2008, Mr. McGrew has been an honoree on the Georgia Super Lawyers® List in Atlanta Magazine/Law and Politics magazine. He has also been selected by his peers for inclusion in the Best Lawyers in America®, also since 2008. He is a member of the American Board of Trial Advocates, the Council of Litigation Management, Defense Research Institute, Litigation Counsel of American, and the Professional Liability Underwriting Society.

Mr. McGrew has over 33 years of experience in civil trial work. He specializes in medical malpractice and healthcare defense, dental malpractice defense, nursing home liability, products liability, premises liability, and construction and motor vehicle/trucking claims. He represents companies, individuals, doctors, nurses, and healthcare groups with their litigation needs in the State, Superior, and Federal Courts in Georgia. Mr. McGrew has tried over 100 cases to conclusion and has been successful in prevailing in arguments before the Georgia Court of Appeals, the Georgia Supreme Court and Eleventh Circuit Court of Appeals. He is regularly called upon by his clients to provide assistance with compliance issues, preventative risk management strategies, educational seminars, and defense of other litigation matters.

Mr. McGrew received his BA in American Government and Politics from The University of Virginia in 1980. He earned his law degree from The Walter F. George School of Law at Mercer University in 1984. While there, he was selected into The Order of the Barristers, served on the Mercer Intra-State Moot Court team, and was the Chairman of the Moot Court Board.

Mr. McGrew has been married to his wife, Jody, for 31 years. They have 3 wonderful children: Farley (29) and her new husband Matt, Dan IV (27), and Jack (22). The McGrews are involved in numerous Atlanta charities. They love the outdoors, hiking, water sports, and being with family and friends.

Practice Areas

  • Medical Malpractice and Healthcare Defense
  • Nursing Home Liability Defense
  • Products Liability Defense
  • Premises Liability Defense
  • Construction and Motor Vehicle/Trucking Defense

Bar & court admissions

  • Georgia, 1984

Education

  • Mercer University, Walter F. George School of Law, J.D., 1984
    • Order of Barristers
    • Chairman: Moot Court Board (1983-84)
  • University of Virginia, B.A., 1980
  • 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.
  • Represented a neonatologist in a recent jury trial in Fulton County. The physician was sued for medical negligence alleging that there was a breach of the standard of care. Plaintiff contended that physician failed to properly care for a baby born with respiratory distress syndrome. Jury found in favor of the Defendant physician and a defense verdict was entered.
  • Represented an Internal Medicine physician who was sued for the discontinuation of Heparin following surgery. The patient subsequently had a pulmonary embolus and died. A defense verdict was entered.
  • Obtained Summary Judgement for a property owner defendant. The basis of the successful Motion involved Plaintiffs’ failure to properly identify certain requirements on a bankruptcy petition. This matter was never appealed and stands dismissed.
  • Represented an OB-GYN physician who was sued for allegedly improperly performing a laparoscopic hysterectomy. The case was tried in Fulton County in March, 2016. Jury returned a verdict for the Defendant physician.
  • Represented a Plastic Surgeon who was sued for the failure to diagnose a rare fungal infection called Mucormycosis. The trial lasted 7 days. Jury, after deliberation, found in favor of the Defendant physician.
  • Represented a physician who was sued in Fulton County for allegedly failing to properly complete a Nephrectomy. Multiple Defendants involved. Jury found in favor of the Defendant physician represented by Mr. McGrew. There was a substantial verdict against the hospital.
  • Obtained Summary Judgment in a battery case. This case was filed in Fulton County and involved numerous claims against several Defendants.
  • Represented a Plastic Surgery practice that was sued for failure to diagnose abdominal compartment syndrome. Jury found both in favor of the physician and her practice entering a defense verdict.
  • Represented Emcor in a general liability case involving a ladder which fell and struck Plaintiff on the shoulder. She underwent three (3) rotator cuff surgeries. Liability and damages were disputed. After jury deliberations, the Plaintiff was awarded $17,000 after having been offered substantially more money by way of settlement offers before the trial. Plaintiff’s medical bills claimed were over $100,000.
  • Represented a Urogynecologist who was sued for performing a hysterectomy and saccocolpopexy that Plaintiff claimed were not medically indicated. Several other Defendants were involved. Jury found in favor of all Defendant physicians.
  • Represented two Hematologists who were sued for allegedly failing to properly manage Plaintiff’s Coumadin levels. Jury found in favor of both Hematologists and a defense verdict was entered.
  • Represented two Neonatologists. During the trial, at the conclusion of Plaintiff’s evidence, Mr. McGrew obtained a directed verdict due to lack of evidence against his clients. A judgment was entered in favor of the Neonatologists and no appeal ever occurred.
  • Represented an Orthopedic Spine Surgeon in a medical negligence case in Cobb State Court. Plaintiff contended physician failed to timely take patient to surgery following a thoracic spine fracture which resulted in paralysis. Jury entered a defense verdict in favor of the Defendant Orthopedic Surgeon.
  • Represented an OB-GYN client in Albany, Georgia. Plaintiff contended that the physician failed to identify and repair a bowel perforation following surgery. The jury was deadlocked at 11-1 in favor of the defense. Shortly after trial, the case was dismissed by Plaintiff’s counsel and never refiled again.
  • In a motor vehicle accident case that was tried in Stephens County, Mr. McGrew received an outstanding result on behalf of his client. The case involved the wrongful death claims of Plaintiffs’ decedent after an individual was struck and killed. There was an apportioned verdict amongst the Defendants and Mr. McGrew’s clients received a very small percentage. This resulted in a verdict far less than what had been offered prior to trial.
  • Represented a Pathologist who allegedly failed to properly read and report on a breast tissue specium. After four (4) days of trial, the jury was divided 9 to 3 in favor of the Defendant physician. The case was resolved under a high/low agreement on very favorable terms for Mr. McGrew’s client.
  • Represented an OB-GYN in a Fulton County trial. Mr. McGrew’s client was allegedly negligent in failing to properly diagnose an ectopic pregnancy. The case resulted in a defense verdict in favor of the Defendant physician.
  • Represented a medical practice that allegedly failed to monitor a patient during a heart stress test. While on the treadmill, Plaintiff fell and allegedly sustained injury. After short deliberations, the jury found in favor of the Defendant.
  • In a wrongful death case that was tried in Upson State Court (Thomaston, Georgia), Mr. McGrew represented a family practice physician. Plaintiff contended that the physician did not timely diagnose Plaintiff’s septic condition ultimately leading to her death. Jury found in favor of the Defendant physician and a defense verdict was entered.
  • In Gwinnett County Court, represented a General Surgeon who allegedly failed to treat Plaintiff’s pancreatitis. Physician performed several surgeries on the patient and managed her post-operative care. Although the patient eventually expired, the jury found in favor of the Defendant physician finding that there was no medical negligence.
  • Obtained a defense verdict in a premises liability case tried in Gwinnett State Court. Plaintiff contended she was pushed down by several employees of the corporate defendant. At the close of Plaintiffs’ evidence, the Judge granted a defense motion for directed verdict. The case was never appealed.
  • Represented a Plastic Surgeon who allegedly failed to treat Plaintiffs’ diabetic foot wounds. One of her legs had to be amputated. The jury found in favor of the Defendant physician at the close of the evidence.
  • Represented a General Surgeon who allegedly failed to follow the patients’ post-surgical complications. The patient eventually passed away. The General Surgeon and the Anesthesiologist were both named as Defendants. Jury returned a defense verdict on behalf of both physicians.
  • Represented a corporate defendant in a General Liability case in Fulton County. Plaintiff contended that he was injured as he was unloading a truck. More specifically, he claimed the lift gate on the truck he was driving was defective and caused him to fall and sustain injury. The jury found in favor of the defendant and entered a defense verdict on its’ behalf.
  • Represented a restaurant located in Athens, Georgia. The Plaintiff contended that the restaurant was negligent in allowing a “bar fight” to occur. The jury returned a defense verdict at the conclusion of the evidence.
  • Represented a OB-GYN who allegedly failed to deliver a child promptly resulting in a fetal demise. Several other defendants. were involved. At the conclusion of the evidence, the jury found in favor of all defendants and entered defense verdicts including on behalf of the OB-GYN represented by Mr. McGrew.
  • Fellow, American College of Trial Lawyers (2013 – present)
  • Super Lawyers®, Georgia Super Lawyer, Professional Liability Defense (2008 – present)
  • Martindale-Hubbell® AV Preeminent rated
  • The Best Lawyers in America® “Best Lawyers” (2008-present)
  • American College of Trial Lawyers, Fellow
  • State Bar of Georgia
  • Atlanta Bar Association
  • Lawyers Club of Atlanta
  • Defense Research Institute
  • Georgia Defense Lawyers Association
  • American Board of Trial Advocates
  • Georgia Society for Healthcare Risk Management
  • Claims & Litigation Management Alliance
  • Litigation Counsel of America, Fellow
  • Professional Liability Underwriting Society
  • 2017 Atlanta Medical Center Orthopedic Residency Program, featured speaker