Lee v. McCord

Barnes, Chief Judge.

Floyd Lee was diagnosed with prostate cancer and underwent “prostate brachytherapy surgery” on December 28, 2001, during which radiation oncologist Dale McCord implanted radioactive “seeds” in Lee’s prostate. Lee and his wife sued McCord, McCord’s practice group, Atlanta Oncology Associates (AOA), and Northside Hospital on June 3, 2005, contending that McCord committed medical malpractice by implanting the seeds in the healthy lower half of Lee’s prostate instead of in the cancerous upper half. The Lees also contended that McCord acted as an agent or employee of Northside,…