Cutts v. Fulton-DeKalb Hospital Authority

Carley, Chief Judge.

The minor appellant-plaintiff, by next friend, filed suit against appellee-defendants Fulton-DeKalb Hospital Authority (Hospital), Dr. Daly and Dr. Russell. The complaint sought damages for the al*518leged medical malpractice of appellees Dr. Daly and Dr. Russell occurring during appellant’s delivery at appellee Hospital. The case was tried before a jury but, when a verdict could not be reached, the trial court declared a mistrial. Appellees then moved for judgment notwithstanding mistrial, relying upon the doctrine of charitable immunity. The trial court granted appellees’…