Saturday, February 9, 2013

OCGA 51-1-27 and the statutory standard for a medical malpractice case

OCGA 51-1-27 states the statutory standard for medical malpractice action: the person professing to  practice surgery or the administering of medicine for compensation must direct the exercise of his profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had. This section sets a duty or standard that medical practitioners must satisfy  in caring for patients. This duty arises on the implied contract between patient and physician, public considerations about the nature of the practice of medicine, and the consensual nature of the relationship between patient and physician. A departure from the standard, constitutes negligence, and the plaintiff will have a cause of action for defendants' failure to exercise reasonable care and skill. Case authority has explained that degree of skill and care required is that degree of skill and care which under similar conditions and like surrounding circumstances is ordinarily employed by the medical profession generally. Note that a failure to exercise care and skill may arise by failure to exercise care only or by failure to exercise skill whole or by failure of both.  him and Contact an Atlanta Dui lawyer today for a free consultation.

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