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Legal Opinion

Scott v. Simpson

Court of Appeals of Georgia

Decided February 18, 1933No. 22452PublishedCited by 12 opinions

1Opinion of the CourtSutton, J.

1. Ordinarily an action against a physician for failing to treat a patient with ordinary care and skill is one sounding in tort, and is properly brought under section 4427 of the Civil Code of 1910. However, it has been held in a case decided by this court that where a patient is injured by the failure of a physician to use reasonable care and skill in treating him, he has the right to bring an action in tort, or ex contractu for a breach of duty arising out of the contract of employment, express or implied. Stokes v. Wright, 20 Ga. App. 325 (93 S. E. 27).

2. Whenever a physician undertakes to…

2Cases cited8 opinions

  1. Dashiell v. GriffithCourt of Appeals of Maryland · 1896
  2. Stokes v. WrightCourt of Appeals of Georgia · 1917
  3. Roberts v. HainesSupreme Court of Georgia · 1901
  4. Rushing v. ClancySupreme Court of Georgia · 1894
  5. Bell v. RossignolSupreme Court of Georgia · 1915

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Mauldin v. ShefferCourt of Appeals of Georgia · 1966
  2. Kenney v. Piedmont HospitalCourt of Appeals of Georgia · 1975
  3. Norton v. HamiltonCourt of Appeals of Georgia · 1955
  4. Atakpa v. Perimeter Ob-Gyn Associates, P.C.District Court, N.D. Georgia · 1994
  5. Bell v. SigalCourt of Appeals of Georgia · 1973

7 more not listed; retrieve them via the Exa API.

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