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Rindsberg v. Neacsu

Summary judgment reversed because evidence that the doctor was on call and responsible for the patient's care showed physician-patient privity necessary to support medical malpractice action.

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Frank and Steve Rindsberg, individually and as executors of the estate of their mother, sued physicians Sandra Levy and Luminita Neacsu, Eagle Hospital Physicians, LLC, and St. Josephs Hospital of Atlanta, Inc., for medical malpractice and wrongful death. The trial court granted Dr. Neacsu’s motion for summary judgment, finding that no doctor-patient relationship existed between Neacsu and Mrs. Rindsberg, and the Rindsbergs appeal. Because an issue of fact exists regarding whether an implied doctor-patient relationship arose between Neacsu and Mrs. Rindsberg, we reverse.

We review de novo a trial court’s decision on a motion for summary judgment and look at the evidence in the light most favorable to the nonmovant to determine whether a genuine issue of material fact exists that a jury should decide. Wellstar Health System v. Painter, 288 Ga. App. 659, 660 655 SE2d 251 2007.

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