Smith v. Finch
Supreme Court of Georgia
681 S.E.2d 147 (2009)
Relevant factsFree
Physicians (defendants) diagnosed Justin Smith (plaintiff) with a viral illness based on a rash, when he actually had rare tick-borne Rocky Mountain spotted fever; despite expert testimony that the physicians should have considered that diagnosis given his symptoms and the Georgia summer setting, the jury was instructed that negligence requires guarding only against probable and likely conditions, not unlikely or only slightly possible ones, and returned a verdict for the physicians.
IssueFree
Whether a medical professional may be held negligent for failing to diagnose illnesses that are rare or unlikely to occur.