ROSS v. CHATHAM COUNTY HOSPITAL AUTHORITY

45208.

258 Ga. 234 (1988)

367 S.E.2d 793

ROSS v. CHATHAM COUNTY HOSPITAL AUTHORITY.

Supreme Court of Georgia.

Reconsideration Denied May 25, 1988.


Attorney(s) appearing for the Case

Taggart & Lakin, Thomas R. Taggart, Samuel L. Svalina, for appellant.

William P. Franklin, Jr., Wendy Woods Williamson, William H. Pinson, Jr., for appellee.

Thomas S. Carlock, Allen F. Harris, amici curiae.


CLARKE, Presiding Justice.

In this case we consider the "borrowed servant" rule in the context of a medical malpractice during a surgical procedure in a hospital operating room. We must decide under what circumstances the hospital employee assisting in the procedure becomes the employee of the surgeon so as to impute the negligence of the employee to the surgeon under the rule of respondent superior.

Ross, the plaintiff in this case, sued the surgeon and the...

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