Augusta, GA
Personal injury Lawyer at Augusta, GA
Practice Areas: Personal Injury, Real Estate ... +2 more
OUTCOME: Reversed in part, vacated in part.
A question of fact existed as to whether a physician-patient relationship arose where an on-call physician, although not present at the facility where the patient was being treated, reviewed the patien ... t's history, advised the on-site physicians of certain procedures to perform, and ordered diagnostic tests in furtherance of the patient's treatment and care.
OUTCOME: Reversed in part.
While Appellant could not bring an action against the Board of Regents for the initial injury (the performance by a Board employee of dental work upon the wrong teeth), which amounted to a battery (and ... was thus subject to the exclusionary provisions of the Georgia Tort Claims Act), she could recover for injuries arising from said employee's subsequent acts of negligence (namely failure to timely follow up with her after the procedure was completed, which led to tooth erosion), as such negligence was severable from the aforesaid battery.
OUTCOME: Reversed in part.
The patient (plaintiff/appellant) brought a medical malpractice action against an attending physician and resident physician. The Superior Court, Richmond County, dismissed the patient's complaint, hol ... ding that his O.C.G.A. Sec. 9-11-9.1 expert affidavit failed to explicitly name the attending physician; that the affidavit could not be amended after the statute of limitations had run; and that the resident physician was entitled to qualified immunity. The patient appealed. The Appellate Court held that the statute of limitations did not preclude the patient from amending his expert affidavit, and that claims could thus be brought against the attending physician.
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