Judge Todd Markle, of the Georgia Court of Appeals. (Photo: John Disney/ALM) Ga. Intermediate Court Divided as It Shoots Down Vicarious Liability Med-Mal Appeal
"If this Court were to reverse the trial court's order and hold that when a medical student is on a clinical rotation with a physician the physician is vicariously liable for that student's conduct, what physician would ever participate in the educational process with the prospect they would be held vicariously liability for a medical student's error?" the appellee brief asked. "The answer is simple—no physician would accept that risk."
March 01, 2024 at 05:51 PM
4 minute read
What You Need to Know
- A plaintiff in a medical-malpractice action asked the court to reverse a summary judgment denial that said the defendants couldn't be vicariously liable for the actions of a medical student.
- The majority opinion authored by Judge Todd Markle declined to do so and reasoned the plaintiff had other modes of recovery.
- However, in a rare dissent, Presiding Judge Christopher McFadden contended that the question of vicarious liability is up to a jury to decide.
A rare sharply divided panel of the Georgia Court of Appeals said a doctor couldn't be held vicariously liable for a medical student's errors under agency or the borrowed servant doctrine.
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