Dix v. Shadeed

Since a DeKalb Count professional corporation was not operating as a medical practice during the plaintiff's treatment, the defending doctor did not provide medical services to the plaintiff as an actual agent of that corporation.

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Janice Miller brought this medical malpractice action against Baheeg Shadeed, M.D., B. Shadeed, M.D., P.C. a/k/a Baheeg L. Shadeed, M.D., P.C., and Elite Surgical P.C. B. Shadeed, M.D., P.C. moved for summary judgment and to transfer for improper venue, and Miller filed a cross-motion for summary judgment on the issues of agency and venue. In a lengthy and detailed order, the trial court denied Miller’s motion and granted the motion of B. Shadeed, M.D., P.C.,. This appeal followed, and it addresses only the issue of venue as to B. Shadeed, M.D., P.C.; the merits of the case are not involved and remain pending with respect to the other parties. After Janice Miller’s death during the pendency of this appeal, Cheryl Dix, the administratrix of her estate, was substituted as plaintiff/appellant. We affirm the trial court’s order.

Miller brought this action in DeKalb County State Court. Miller herself, the defendant physician Baheeg Shadeed, M.D., and the physician’s professional corporation, Elite Surgical, P.C., are all residents of Cobb County. B. Shadeed, M.D., P.C. “the DeKalb P.C.” is a professional corporation, incorporated in 1993, which had an office located in DeKalb County before the events giving rise to this action. In 1998, Dr. Shadeed closed this office and ceased to conduct business at that address. The corporation, although it was not formally dissolved with the Secretary of State’s office, officially ceased business operations by April 1999. Defendant Elite Surgical, P.C. “the Cobb P.C.” was incorporated on April 5, 1999, and its office is located in Cobb County. Miller first sought treatment from Dr. Shadeed on August 31, 1999, and she was treated at all times at the Cobb County office.

Dix v. Shadeed

Since a DeKalb Count professional corporation was not operating as a medical practice during the plaintiff's treatment, the defending doctor did not provide medical services to the plaintiff as an actual agent of that corporation.

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