Emergencies

  1. Law
  2. Georgia Code
  3. Health
  4. Consent for Surgical or Medical Treatment
  5. Emergencies

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  1. As used in this Code section, the term "emergency" means a situation wherein (1) according to competent medical judgment, the proposed surgical or medical treatment or procedures are reasonably necessary and (2) a person authorized to consent under Code Section 31-9-2 is not readily available and any delay in treatment could reasonably be expected to jeopardize the life or health of the person affected or could reasonably result in disfigurement or impaired faculties.
  2. In addition to any instances in which a consent is excused or implied at law, a consent to surgical or medical treatment or procedures suggested, recommended, prescribed, or directed by a duly licensed physician will be implied where an emergency exists.

(Code 1933, § 88-2905, enacted by Ga. L. 1971, p. 438, § 1.)

Cross references.

- Further provisions regarding liability for rendering of emergency care, §§ 31-11-8,51-1-29.

JUDICIAL DECISIONS

Cited in Winfrey v. Citizens & S. Nat'l Bank, 149 Ga. App. 488, 254 S.E.2d 725 (1979); Davis v. Charter By-The-Sea, Inc., 183 Ga. App. 213, 358 S.E.2d 865 (1987).

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parent and Child, § 65. 61 Am. Jur. 2d, Physicians, Surgeons, and Other Healers, § 156.

C.J.S.

- 67A C.J.S., Parent and Child, §§ 38, 40, 41, 46 et seq. 70 C.J.S., Physicians, Surgeons, and Other Health Care Providers, §§ 103 et seq., 112 et seq.

ALR.

- Consent as condition of right to perform surgical operation, 76 A.L.R. 562; 139 A.L.R. 1370.

Liability of physician or surgeon for extending operation or treatment beyond that expressly authorized, 56 A.L.R.2d 695.

Malpractice: questions of consent in connection with treatment of genital or urinary organs, 89 A.L.R.3d 32.

Malpractice in connection with electroshock treatment, 94 A.L.R.3d 317.

Power of court or other public agency to order medical treatment over parental religious objections for child whose life is not immediately endangered, 21 A.L.R.5th 248.


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