Stathamv.Quang
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.
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