"Medical Malpractice Claim" Defined

1. Law
2. Georgia Code
3. Civil Practice
4. Arbitration
5. Medical Malpractice
6. "Medical Malpractice Claim" Defined

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.

(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.)

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.

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