Legal Opinion

Nisbet v. Vandiver

Court of Appeals of Georgia

Decided December 10, 1919No. 10646PublishedCited by 1 opinion

Action for damages; from DeKalb superior court—Judge Smith. April 14, 1919. Application for certiorari was denied by the Supreme Court. The ground upon which it was contended that the writ of error should be dismissed was that the evidence was not properly briefed. As to failure to use due care and skill in treatment of patient, counsel cited: Civil Code (1910), § 4437; Abridge v. Nolle, 114 Ga. 949; Nevinger v. Haun, 197 Mo.

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Action for damages; from DeKalb superior court—Judge Smith. April 14, 1919. Application for certiorari was denied by the Supreme Court. The ground upon which it was contended that the writ of error should be dismissed was that the evidence was not properly briefed. As to failure to use due care and skill in treatment of patient, counsel cited: Civil Code (1910), § 4437; Abridge v. Nolle, 114 Ga. 949; Nevinger v. Haun, 197 Mo. App. 416 (196 S. W. 39, 43); 31 Buling Case Law, 381; 31 Am. & Eng. Ene. L. (3d ed.) 510, XIII; Bates v. King, 191 Mass. 585 (77 N. E. 1154); Pace v. Cochran, 144 Ga.…

1Opinion of the CourtBloodworth, J.

Lee Winn Yandiver, by next friend, A. L. Yandiver, sued E. P. Nisbet, alleging in part that said Nisbet “was engaged in the practice of the profession of medicine, and was a licensed practicing physician and surgeon, in the town of Kirkwood, State and county aforesaid,” and that said Nisbet, in extracting a lower tooth, had permanently injured him by failing: (a) “to properly administer the cocaine or other drug or compound given petitioner, and failed to exercise a reasonable degree of care and skill and diligence, in that he used an unclean and infected needle to administer said cocaine,…

2Cases cited2 opinions

  1. Bradham v. StateCourt of Appeals of Georgia · 1917
  2. Butler v. StateCourt of Appeals of Georgia · 1917

3Cited by1 opinion

  1. Specht v. GainesCourt of Appeals of Georgia · 1941

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