A rare sharply divided panel of the Georgia Court of Appeals said a doctor couldn’t be held vicariously liable for a medical student’s errors under agency or the borrowed servant doctrine.
The majority, in the opinion authored by Judge Todd Markle, upheld the trial court’s denial of summary judgment. In dissent, Presiding Judge Christopher McFadden wrote that the question of whether an unpaid medical student could still be a “borrowed servant” or an agent is ultimately up to a jury. Meanwhile, Judge Trenton Brown concurred in judgment only.
