CopyCited 1 times | Published | Supreme Court of Georgia | May 13, 2025 | 321 Ga. 533
...QUANG et al.
COLVIN, Justice.
We granted certiorari in this case to determine whether
physicians who supervised a medical student during a surgery could
be held vicariously liable for any negligent acts or omissions that the
medical student may have committed during the procedure, under
OCGA §
51-1-38, general agency principles, or the borrowed servant
doctrine....
...y could not be held
vicariously liable for the medical student’s negligence. And a divided
panel of the Court of Appeals affirmed, with the lead opinion, which
was not joined by either of the other two judges on the panel,
concluding that OCGA §
51-1-38 did not impose vicarious liability
on the defendant physicians, and that, based on the evidence
presented on summary judgment, the defendant physicians could
not be held vicariously liable under general agency principles or the
borrowed servant doctrine. See Statham v. Quang,
371 Ga. App. 55,
59-61 (a)-(c) (899 SE2d 275) (2024).
As we explain below, we agree with the Court of Appeals’ lead
opinion that OCGA §
51-1-38 (a statute that immunizes medical
students from civil liability under certain circumstances) did not
provide a basis for holding the defendant physicians vicariously
liable....
...the defendant physicians were vicariously liable for any negligence
committed by the medical student. And Defendants argued that
they could not be held vicariously liable under general agency
4
principles, the borrowed servant doctrine, or OCGA §
51-1-38.1
On summary judgment, the following facts were undisputed.
On August 12, 2019, Dr....
...We review summary
judgment rulings de novo. See id.
Here, the Court of Appeals’ lead opinion concluded that
Defendants were entitled to partial summary judgment to the extent
that Plaintiff sought to impose vicarious liability on them under
OCGA §
51-1-38, general agency principles, or the borrowed servant
doctrine. See Statham,
371 Ga. App. at 59-61 (a)-(c). We consider
each of these rulings in turn.
10
(a) We begin by addressing the Court of Appeals’ interpretation
of OCGA §
51-1-38, which provides:
(a) No student who participates in the provision of
medical care or medical treatment under the supervision
of a medical facility, academic institution, or doctor of
medicine, as a part of an aca...
...participation, except for willful or wanton misconduct.
(b) Subsection (a) of this Code section shall not be
construed to affect or limit the liability of a medical
facility, academic institution, or doctor of medicine.
OCGA §
51-1-38 (a), (b)....
...(citation and punctuation omitted). “When . . .
statutory text is clear and unambiguous, our interpretive task
begins and ends with the text itself.” State v. Arroyo,
315 Ga. 582,
584 (883 SE2d 781) (2023).
Here, the clear and unambiguous text of OCGA §
51-1-38
neither imposes vicarious liability on physicians for the conduct of
medical students under their supervision, nor renders physicians
immune from vicarious liability for medical students’ conduct....
...shall be liable for any civil damages” resulting from certain acts
or omissions committed while “participat[ing] in the provision of
medical care or medical treatment” — exempts medical students
from civil liability when they provide medical care under the
particular circumstances set out in the statute. OCGA §
51-1-38 (a).
And the plain language of subsection (b) — which states that
“[s]ubsection (a) ....
...medicine” — simply states that the exemption from liability for
medical students in subsection (a) has no impact on the liability of a
medical facility, academic institution, or physician who supervises a
medical student when providing medical care. OCGA §
51-1-38 (b).
Thus, while the statute exempts medical students from liability for
their own acts or omissions under certain circumstances, the statute
provides that supervising physicians remain liable as otherwise
provided by law....
...under that doctrine.
3. As explained above, Defendants were not entitled to partial
summary judgment on the issue of vicarious liability because, while
there were no genuine issues of material fact regarding their
vicarious liability under OCGA §
51-1-38 or the borrowed servant
doctrine, the evidence presented on summary judgment created a
jury question as to whether the defendant physicians were
vicariously liable under the doctrine of respondeat superior for any
negligence committed by the medical student during Plaintiff’s
surgery....