Cope v. Evans

2 Citing cases

  1. Durden v. NaphCare, Inc.

    CIVIL ACTION NO. 1:14-CV-1163-RWS (N.D. Ga. Sep. 7, 2016)

    In medical malpractice cases, the plaintiff must overcome a presumption that the medical services were performed in an ordinary and skillful manner. Cope v. Evans, 765 S.E.2d 40, 41 (Ga. Ct. App. 2014) (citing Beach v. Lipham, 578 S.E.2d 402, 405 (Ga. 2003)). To do so, the plaintiff must present evidence from expert medical witnesses that the defendant did not exercise due care and skill when performing its services.

  2. Sw. Emergency Physicians, P.C. v. Quinney

    347 Ga. App. 410 (Ga. Ct. App. 2018)   Cited 10 times
    Noting that in reviewing the trial court's refusal to grant a mistrial, "we consider whether the remarks affected or infected the verdict, and whether it is apparent that a mistrial is essential to the preservation of the right to a fair trial" (punctuation omitted)

    Martin v. Ledbetter , 342 Ga. App. 208, 211 (1), 802 S.E.2d 432 (2017) (punctuation omitted).Cope v. Evans , 329 Ga. App. 354, 355, 765 S.E.2d 40 (2014) (punctuation omitted); see Zwiren v. Thompson , 276 Ga. 498, 499, 578 S.E.2d 862 (2003) (noting that the essential elements to establish liability in a medical malpractice action are "(1) the duty inherent in the doctor-patient relationship; (2) the breach of that duty by failing to exercise the requisite degree of skill and care; and (3) that this failure be the proximate cause of the injury sustained." (punctuation omitted) ); see also OCGA ยง 51-1-27 ("A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his profession a reasonable degree of care and skill.