Grubbs v. Elrod
Court of Appeals of Georgia
Action for damages"; from city court of Americus — Judge Harper. June 30, 1919. In the petition as amended Mrs. Blanche Elrod, as next friend of her minor daughter Mary Elrod, alleged, in substance, that Dr. L. E. Grubbs, the defendant, was a skilled physician and specialist treating the eye, ear, nose, and throat, and holding himself out to the public as skilled in such treatment, when the petitioner employed him to remove the tonsils of the said Mary, who was then eight…
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Action for damages"; from city court of Americus — Judge Harper. June 30, 1919. In the petition as amended Mrs. Blanche Elrod, as next friend of her minor daughter Mary Elrod, alleged, in substance, that Dr. L. E. Grubbs, the defendant, was a skilled physician and specialist treating the eye, ear, nose, and throat, and holding himself out to the public as skilled in such treatment, when the petitioner employed him to remove the tonsils of the said Mary, who was then eight years of age; that the removal of tonsils is not a dangerous or serious operation by one skilled in his profession, and a…
1Opinion of the CourtStephens, J.
1. Even though a physician or surgeon may be skilled in his profession, he is nevertheless under a duty to exercise reasonable care and skill in the performance of an operation, and his failure to do sq is' a tort for which a recovery may be had. Akridge v. Noble, 114 Ga. 949; Hinkle v. Smith, 12 Ga. App. 496.
2. The petition set out a cause of action, and the general and special demurrers thereto were properly overruled.
Judgment affirmed.
Jenkins, P. J., and Smith, J., concur. Action for damages"; from city court of Americus — Judge Harper. June 30, 1919. In the petition as amended Mrs.…
2Cases cited2 opinions
- Akridge v. NobleSupreme Court of Georgia · 1902
- Hinkle v. SmithCourt of Appeals of Georgia · 1913
3Cited by8 opinions
- Kuttner v. SwansonCourt of Appeals of Georgia · 1939
- Mull v. Emory University, Inc.Court of Appeals of Georgia · 1966
- Bryan v. GraceCourt of Appeals of Georgia · 1940
- Chapman v. RadcliffeCourt of Appeals of Georgia · 1932
- McLendon v. DanielCourt of Appeals of Georgia · 1927
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