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KING v. DODGE COUNTY HOSP. AUTHORITY

No. A05A0497.

616 S.E.2d 835 (2005)

274 Ga. App. 44

KING v. DODGE COUNTY HOSPITAL AUTHORITY et al.

Court of Appeals of Georgia.

June 27, 2005.

Attorney(s) appearing for the Case

Beverly R. Adams, Deming, Parker, Hoffman, Green & Campbell, Atlanta, for appellant.

Virginia N. Hall, Anthony A. Rowell, Hall, Booth, Smith & Slover, P.C., Tifton, for appellees.

SMITH, Presiding Judge.

This appeal presents a question regarding the application of the affidavit requirement in OCGA § 9-11-9.1 in an action alleging battery. Specifically, we are required to determine whether, once a procedure is begun, a medical professional who continues with the procedure after the patient instructs the professional to stop is exercising medical judgment. If so, an expert affidavit is required under OCGA § 9-11-9.1. Under the circumstances...

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