Word v. Henderson

Duckworth, Chief Justice.

Clearly there was conflict in the evidence as to whether or not the doctor was negligent, making a jury question as to whether or not he should, from the child’s condition at 10 a.m., have made other tests to determine whether the patient’s condition was one of post-operative shock and should have closely watched the child until the danger aspects had passed. Code § 38-1710. If there is any genuine issue as to any material fact, the right to trial by jury as to those issues can not be denied. Code Ann. § 110-1203 (Ga. L. 1959, p. 234). The dissenting opinion, written…