physician defense (Georgia) · Go Syfert
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physician defense in Georgia

9 Georgia opinions name it 2 courts 1937–2025 2 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Taylor v. Phillipsgreen
ark · 1990 · cited in 2 Georgia opinions naming this issue, 1993–2000
2 sentences

2000Institute of Health, 815 F.2d 985, 988 (4th Cir.1987); (2) to require a patient to bring suit against his physician before treatment is terminated would conceivably afford the physician a defense that the patient left before treatment was terminated and before the physician had a chance to effectuate a proper result, Taylor v. Phillips, 304 Ark. 285 , 801 S.W.2d 303, 305 (1990); and (3) the treating physician is in the best position to identify and correct the malpractice, Cooper v. Kaplan, 78 N.Y.2d 1103 , 578 N.Y.S.2d 124 , 585 N.E.2d 373, 374 (1991).

2000Institute of Health, 815 F.2d 985, 988 (4th Cir.1987); (2) to require a patient to bring suit against his physician before treatment is terminated would conceivably afford the physician a defense that the patient left before treatment was terminated and before the physician had a chance to effectuate a proper result, Taylor v. Phillips, 304 Ark. 285 , 801 S.W.2d 303, 305 (1990); and (3) the treating physician is in the best position to identify and correct the malpractice, Cooper v. Kaplan, 78 N.Y.2d 1103 , 578 N.Y.S.2d 124 , 585 N.E.2d 373, 374 (1991).

22
Cooper v. Kaplangreen
ny · 1991 · cited in 2 Georgia opinions naming this issue, 1993–2000
2 sentences

2000Institute of Health, 815 F.2d 985, 988 (4th Cir.1987); (2) to require a patient to bring suit against his physician before treatment is terminated would conceivably afford the physician a defense that the patient left before treatment was terminated and before the physician had a chance to effectuate a proper result, Taylor v. Phillips, 304 Ark. 285 , 801 S.W.2d 303, 305 (1990); and (3) the treating physician is in the best position to identify and correct the malpractice, Cooper v. Kaplan, 78 N.Y.2d 1103 , 578 N.Y.S.2d 124 , 585 N.E.2d 373, 374 (1991).

2000Institute of Health, 815 F.2d 985, 988 (4th Cir.1987); (2) to require a patient to bring suit against his physician before treatment is terminated would conceivably afford the physician a defense that the patient left before treatment was terminated and before the physician had a chance to effectuate a proper result, Taylor v. Phillips, 304 Ark. 285 , 801 S.W.2d 303, 305 (1990); and (3) the treating physician is in the best position to identify and correct the malpractice, Cooper v. Kaplan, 78 N.Y.2d 1103 , 578 N.Y.S.2d 124 , 585 N.E.2d 373, 374 (1991).

22
Vitner v. Millergreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 2000–2000
2 sentences

2000(Punctuation, footnote and emphasis omitted.) Vitner v. Miller, 208 Ga.App. 306, 308-309 , 430 S.E.2d 671 (1993) (Pope, C.

2000(Punctuation, footnote and emphasis omitted.) Vitner v. Miller, 208 Ga.App. 306, 308-309 , 430 S.E.2d 671 (1993) (Pope, C.

11
Linda L. Otto, Hugh Otto v. National Institute of Healthgreen
ca4 · 1987 · cited in 1 Georgia opinions naming this issue, 2000–2000
1 sentence

2000Institute of Health, 815 F.2d 985, 988 (4th Cir.1987); (2) to require a patient to bring suit against his physician before treatment is terminated would conceivably afford the physician a defense that the patient left before treatment was terminated and before the physician had a chance to effectuate a proper result, Taylor v. Phillips, 304 Ark. 285 , 801 S.W.2d 303, 305 (1990); and (3) the treating physician is in the best position to identify and correct the malpractice, Cooper v. Kaplan, 78 N.Y.2d 1103 , 578 N.Y.S.2d 124 , 585 N.E.2d 373, 374 (1991).

11
McCormick v. Avretgreen
gactapp · 1980 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

1992McCormick v. Avret, 154 Ga. App. 178, 179 ( 267 SE2d 759 ) (1980).

1992McCormick v. Avret, 154 Ga. App. 178, 179 ( 267 SE2d 759 ) (1980).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Wideman v. DeKalb County green
gactapp · 1991
2 sentences

2025In Wideman v. DeKalb County, 200 Ga. App. 624 ( 409 SE2d 537 ) (1991), rev’d on other grounds in DeKalb County v. Wideman, 262 Ga. 210 ( 416 SE2d 498 ) (1992), a mother alleged her mistreatment by emergency medical technicians and their refusal to take her to the hospital where her treating physician was waiting — instead, taking her to a closer hospital — resulted in her miscarriage.

2025In Wideman v. DeKalb County, 200 Ga. App. 624 ( 409 SE2d 537 ) (1991), rev’d on other grounds in DeKalb County v. Wideman, 262 Ga. 210 ( 416 SE2d 498 ) (1992), a mother alleged her mistreatment by emergency medical technicians and their refusal to take her to the hospital where her treating physician was waiting — instead, taking her to a closer hospital — resulted in her miscarriage.

12025–2025
DeKalb County v. Wideman green
ga · 1992
2 sentences

2025In Wideman v. DeKalb County, 200 Ga. App. 624 ( 409 SE2d 537 ) (1991), rev’d on other grounds in DeKalb County v. Wideman, 262 Ga. 210 ( 416 SE2d 498 ) (1992), a mother alleged her mistreatment by emergency medical technicians and their refusal to take her to the hospital where her treating physician was waiting — instead, taking her to a closer hospital — resulted in her miscarriage.

2025In Wideman v. DeKalb County, 200 Ga. App. 624 ( 409 SE2d 537 ) (1991), rev’d on other grounds in DeKalb County v. Wideman, 262 Ga. 210 ( 416 SE2d 498 ) (1992), a mother alleged her mistreatment by emergency medical technicians and their refusal to take her to the hospital where her treating physician was waiting — instead, taking her to a closer hospital — resulted in her miscarriage.

12025–2025
Greer v. Medders green
gactapp · 1985
2 sentences

2025In Greer v. Medders, 176 Ga. App. 408 ( 336 SE2d 328 ) (1985), we reversed the trial court’s grant of summary judgment to a physician on a claim for intentional infliction of emotional distress where, unlike the case at hand, the physician berated a hospital patient and his wife.

2025In Greer v. Medders, 176 Ga. App. 408 ( 336 SE2d 328 ) (1985), we reversed the trial court’s grant of summary judgment to a physician on a claim for intentional infliction of emotional distress where, unlike the case at hand, the physician berated a hospital patient and his wife.

12025–2025
State v. LEDBETTER (And Vice Versa) green
ga · 2024
2 sentences

2025As for the implied authority exception, the Special Master relied on State v. Ledbetter, 318 Ga. 457 ( 899 SE2d 222 ) (2024) (rejecting the State’s argument that the defendant had implicitly waived attorney-client privilege and authorized the disclosures because his lawyer intended the disclosures to benefit the defendant), and, in doing so, the Special Master rejected Breault’s argument that his disclosure of the audio recording of the meeting with the physician was not a violation of Rule 1.6 (a) because it was “helpful” to the Clients.

2025As for the implied authority exception, the Special Master relied on State v. Ledbetter, 318 Ga. 457 ( 899 SE2d 222 ) (2024) (rejecting the State’s argument that the defendant had implicitly waived attorney-client privilege and authorized the disclosures because his lawyer intended the disclosures to benefit the defendant), and, in doing so, the Special Master rejected Breault’s argument that his disclosure of the audio recording of the meeting with the physician was not a violation of Rule 1.6 (a) because it was “helpful” to the Clients.

12025–2025
Young v. Williams green
ga · 2002
2 sentences

2004To the extent the Youngs are urging us to conclude that the misdiagnosis occurred on the last date of treatment under the “continuous treatment” theory, this theory was resoundingly rejected by the Supreme Court of Georgia in Young v. Williams, 274 Ga. 845 ( 560 SE2d 690 ) (2002).

2004To the extent the Youngs are urging us to conclude that the misdiagnosis occurred on the last date of treatment under the “continuous treatment” theory, this theory was resoundingly rejected by the Supreme Court of Georgia in Young v. Williams, 274 Ga. 845 ( 560 SE2d 690 ) (2002).

12004–2004
Presto v. Sandoz Pharmaceuticals Corp. green
gactapp · 1997
2 sentences

2001Id.

2001Id.

12001–2001
Baker County Power Co. v. Adkins green
ga · 1929
2 sentences

1949In Baker County Power Co. v. Adkins, 169 Ga. 187 (4) ( 149 S. E. 910 ), where the facts alleged to have been relied upon were peculiarly within the knowledge of the defendant making the statements and not within the knowledge of the plaintiff, it was held: “It is not necessary that confidential relationship be shown in every instance, in order to justify one in believing the statements of an opposite party.” The statements of the physician and the claim agent here were not merely opinions, and not so given, but were representations, even though innocently made, that the petitioner’s injuries w

1949In Baker County Power Co. v. Adkins, 169 Ga. 187 (4) ( 149 S. E. 910 ), where the facts alleged to have been relied upon were peculiarly within the knowledge of the defendant making the statements and not within the knowledge of the plaintiff, it was held: “It is not necessary that confidential relationship be shown in every instance, in order to justify one in believing the statements of an opposite party.” The statements of the physician and the claim agent here were not merely opinions, and not so given, but were representations, even though innocently made, that the petitioner’s injuries w

11949–1949
Waller & Co. v. Clarke green
ga · 1909
1 sentence

1937Mitchell v. State, 30 Ga. App. 778 ( 93 S. E. 709 ); Cohen v. State, 7 Ga. App. 5 ( 64 S. E. 1096 ).

11937–1937
Cohen v. State green
gactapp · 1909
1 sentence

1937Mitchell v. State, 30 Ga. App. 778 ( 93 S. E. 709 ); Cohen v. State, 7 Ga. App. 5 ( 64 S. E. 1096 ).

11937–1937
Mitchell v. State neutral
gactapp · 1917
1 sentence

1937Mitchell v. State, 30 Ga. App. 778 ( 93 S. E. 709 ); Cohen v. State, 7 Ga. App. 5 ( 64 S. E. 1096 ).

11937–1937
Boyd v. State neutral
gactapp · 1923
1 sentence

1937Mitchell v. State, 30 Ga. App. 778 ( 93 S. E. 709 ); Cohen v. State, 7 Ga. App. 5 ( 64 S. E. 1096 ).

11937–1937

Statutes the citing opinions construe

GA § 9-3-71 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 26 (1983–2025) TX 19 (1937–2023) GA 9 (1937–2025) NY 8 (1973–2025) WA 8 (1974–2024) MO 7 (1949–2010) NJ 5 (1992–2002) OH 5 (1993–2020) NE 5 (1908–2019) MS 5 (1983–2012) IL 4 (1988–2023) PA 4 (1975–2024) IN 4 (2005–2017) CA 3 (1969–2021) AZ 3 (2006–2016) NC 3 (1935–2009) WI 3 (1995–2025) MA 3 (1989–2010) SC 3 (1997–2009) KS 3 (1920–1973) MT 2 (2016–2024) OR 2 (1965–1991) AR 2 (1991–2005) AL 2 (1973–2001) MI 2 (1931–2003) FL 2 (1981–2006) TN 2 (1983–2002) MD 2 (1947–1993) UT 2 (1996–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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