Clary v. Hospital Authority of City of Marietta

Carlisle, Presiding Judge.

1. Ordinarily, a physician or surgeon on the staff of a hospital is not an employee of such hospital, and in the absence of allegations that the hospital was negligent in the selection of an unskilful physician or surgeon or that the hospital undertook to direct him in the way and manner of treating the patient, the hospital is not liable for the mere negligent performance of professional services by a physician or surgeon on its staff. Black v. Fischer, 30 Ga. App. 109, 111 (117 SE 103). The rule is different with respect to the liability of a noncharitable hospital…