Legal Opinion
King v. Dodge County Hospital Authority
Court of Appeals of Georgia
Decided June 27, 2005No. A05A0497PublishedCited by 16 opinions
1Opinion of the Court
SMITH, Presiding Judge.
This appeal presents a question regarding the application of the affidavit requirement in OCGA § 9-11-9.1 in an action alleging battery. Specifically, we are required to determine whether, once a procedure is begun, a medical professional who continues with the procedure after the patient instructs the professional to stop is exercising medical judgment. If so, an expert affidavit is required under OCGA§ 9-11-9.1. Under the circumstances presented here, we agree with the trial court that medical judgment was involved and an expert affidavit was necessary.
The facts, as…
2Cases cited9 opinions
- Labovitz v. HopkinsonSupreme Court of Georgia · 1999
- Mims v. BolandCourt of Appeals of Georgia · 1964
- Dent v. Memorial Hospital of AdelSupreme Court of Georgia · 1998
- Upson County Hospital, Inc. v. HeadCourt of Appeals of Georgia · 2000
- Ketchup v. HowardCourt of Appeals of Georgia · 2001
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Zeier v. Zimmer, Inc.Supreme Court of Oklahoma · 2006
- Nash v. StuddardCourt of Appeals of Georgia · 2008
- KOHLER Et Al. v. VAN PETEGHEM Et Al.Court of Appeals of Georgia · 2014
- Robert Shuler v. H. Edward Garrett, Jr.Court of Appeals for the Sixth Circuit · 2014
- Goldstein, Garber & Salama, LLC v. J. B.Court of Appeals of Georgia · 2015
11 more not listed; retrieve them via the Exa API.