· 7/26/2004
MCG Health, Inc. v. Casey
Citations
- 603 S.E.2d 438
- 269 Ga. App. 125
- 2004 Fulton County D. Rep. 2613
- 2004 Ga. App. LEXIS 1008
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that physician’s alleged failure to warn patient of the risk of using titanium plates and screws not approved by the FDA presented a professional negligence claim
- explaining that under OCGA § 9-11-9.1 (b), contemporaneous filing requirement is not applicable, and a plaintiff has an automatic right to file the affidavit within 45 days of filing the complaint in the following limited circumstances: (1
- claim based on doctor’s decision to perform grip test rather than administering pain medications called into question doctor’s professional judgment and skill and thus was grounded in professional negligence
- the issue is a question of law for the court
- plaintiff’s claim against physician was for simple negligence not professional malpractice
- plaintiff’s allegation against physician for failing to administer pain medication, using plates and screws not approved by the FDA, and failing to inform plaintiff of the risk of using the plates and screws were claims involving professional malpractice not simple negligence
Source: CourtListener parenthetical corpus (CC0).
Judges: Andrews, Ellington, Miller
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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