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GILBERT v. R.J. TAYLOR MEMORIAL HOSP.

No. S94G1311.

458 S.E.2d 341 (1995)

265 Ga. 580

GILBERT v. R.J. TAYLOR MEMORIAL HOSPITAL, INC.

Supreme Court of Georgia.

Reconsideration Denied July 17, 1995.

Attorney(s) appearing for the Case

Thomas H. Hinson II, Bradley G. Pyles, Westmoreland, Patterson & Moseley, Macon, for Gilbert.

W. Kerry Howell, C. Ashley Royal, Jones, Cork & Miller, Macon, for R.J. Taylor Memorial Hosp., Inc.

THOMPSON, Justice.

A diagnostic breast biopsy was performed on Sharon Gilbert at R.J. Taylor Memorial Hospital ("hospital") to determine the presence of cancer. In this procedure, a one centimeter nodule was removed from the patient's left breast. A hospital employee lost the tissue specimen while transporting it to the pathology laboratory for testing. Because no residual tumor remained for testing, loss of the specimen precluded a histological determination as to...

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