O.C.G.A.

O.C.G.A. § 9-9-60 (2019)

“Medical malpractice claim” defined

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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For the purposes of this article, the term “medical malpractice claim” means any claim for damages resulting from the death of or injury to any person arising out of: (1) Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care, rendered by a person authorized by law to perform such service or by any person acting under the supervision and control of a lawfully authorized person; or (2) Care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his employment.

History

Code 1933, § 7-401, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-110; Code 1981, § 9-9-60, as redesignated by Ga. L. 1988, p. 903, § 3.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in 1988, “article” was substituted for “part” in the introductory language of the Code section.

Law reviews. For article, “Medical Malpractice: A Time for More Talk and Less Rhetoric,” see 37 Mercer L. Rev. 725 (1986). For article, “Physicians, Pharmacists, Pharmaceutical Manufacturers: Partners

in Patient Care, Partners in Litigation?,” see 37 Mercer L. Rev. 755 (1986). For article, “State of Emergency: Why Georgia’s Standard of Care in Emergency Rooms is Harmful to Your Health,” see 45 Ga. L. Rev. 275 (2010).

RESEARCH REFERENCES ALR. Medical malpractice in performance of legal abortion, 69 A.L.R.4th 875. Medical malpractice: presumption or inference from failure of hospital or doctor to produce relevant medical records, 69 A.L.R.4th 906.

Arbitration of medical malpractice claims, 24 A.L.R.5th 1. Hospital liability as to diagnosis and care of patients in emergency room, 58 A.L.R.5th 613.

Notes of Decisions
Cited in 2 cases, 2006–2009 · leading case: Triad Health Mgmt. of Georgia, III, LLC v. Johnson, 679 S.E.2d 785 (Ga. Ct. App. 2009).
Triad Health Mgmt. of Georgia, III, LLC v. Johnson, 679 S.E.2d 785 (Ga. Ct. App. 2009). · cites it 2× “” Since Johnson is pursuing a medical malpractice claim, see OCGA § 9-9-60 (2) (defining medical malpractice to include claims for death or injury arising out of “[c]are or service rendered by any .”
R. J. Taylor Mem'l Hosp., Inc. v. Beck, 631 S.E.2d 684 (Ga. 2006). · cites it 2× “1 OCGA§ 9-10-31 (c) provides: In any action involving a medical malpractice claim as defined in Code Section 9-9-60, a nonresident defendant may require that the case be transferred to the county of that defendant’s residence if the tortious act upon which the medical…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.