Hayes v. Brown

Bell, Judge.

On review of a summary judgment the first essential question for determination by the appellate court is whether a genuine issue of material fact exists which should be decided by a jury. If no jury issue is found to exist, the next query is whether the moving party is entitled to judgment as a matter of law after each party had an opportunity to make out his case. Code Ann. § 110-1203. Holland v. Sanfax Corp., 106 Ga. App. 1, 4 (1) (126 SE2d 442).

1. The basis for a malpractice action is provided in Code § 84-924 which provides: “A person professing to practice surgery or the…