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Stathamv.Quang

CourtSupreme Court of Georgia
Docket No.S24G0842
DecidedMay 13, 2025
Reporter321 Ga. 533; 915 S.E.2d 864; 2025 Ga. LEXIS 105; 2025 LX 59258; 2025 WL 1372736
JudgesCOLVIN, Justice. Peterson, CJ, Warren, PJ, and Bethel, Ellington, McMillian, LaGrua, and Pinson, JJ, concur.
Tags
CivilMedical MalpracticeVicarious LiabilityRespondeat SuperiorMedical StudentBorrowed Servant DoctrineAgency LawSummary Judgment
Case Summary

Jacqueline Statham alleged she was injured during a hysterectomy when a supervised medical student misplaced a sponge stick, increasing the risk that the physicians would cut her rectal wall. The Supreme Court of Georgia held that OCGA § 51-1-38, which immunizes medical students in specified circumstances, did not make the supervising physicians vicariously liable; the borrowed-servant doctrine is a defense within respondeat superior, not an independent basis for liability. But the evidence that the physicians directed and supervised the student’s physical conduct during surgery created a jury question under ordinary agency principles. The Court reversed summary judgment for the physicians.

Opinion

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