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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