Moore v. Baker
United States Court of Appeals for the Eleventh Circuit
989 F.2d 1129 (11th Cir. 1993)
Relevant factsFree
Moore (plaintiff), left severely and permanently disabled by carotid artery surgery performed by Baker (defendant), sued on the last day permitted by Georgia's statute of limitations, alleging only a violation of Georgia's informed-consent law. After Baker moved for summary judgment on the consent issue by pointing to a signed consent form, Moore moved to amend her complaint to add allegations that Baker was negligent in how he actually performed the surgery itself; the district court denied the motion, and Moore appealed.
IssueFree
Whether an amendment alleging negligence in surgery relates back to an original complaint alleging failure of informed consent.
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