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DUKE v. BACHNER

No. A03A2293.

596 S.E.2d 414 (2004)

266 Ga. App. 109

DUKE et al. v. BACHNER.

Court of Appeals of Georgia.

March 4, 2004.

Attorney(s) appearing for the Case

Pierce & Young, J. Wayne Pierce, Atlanta, for appellant.

Love, Willingham, Peters, Gilleland & Monyak, John A. Gilleland, Weinberg, Wheeler, Hudgins, Gunn & Dial, Robert G. Tanner, Allen & Weathington, Paul F. Weathington, for appellee.

MILLER, Judge.

When leg nerve surgery was not successful, Hazel Duke and her husband sued several physicians, including Dr. Robert Bachner. Plaintiffs claimed that Dr. Bachner committed medical malpractice and battery in that he allegedly did not obtain Duke's consent for Dr. Bachner to assist in the surgery. Dr. Bachner moved for summary judgment, arguing that as the assisting physician he was not required to obtain that consent. The trial court entered summary judgment...

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