Quimbee logo
DMCA.com Protection Status

Smith v. Finch

681 S.E.2d 147 (2009)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

Smith v. Finch

Georgia Supreme Court

681 S.E.2d 147 (2009)

Play video

Facts

Justin Smith (plaintiff) went to a series of physicians and other health-care providers (the physicians) (defendants) after developing a rash across his hands, arms, legs, and feet. At the time, the physicians diagnosed Smith with a viral illness. Later, however, it was determined that Smith actually had a rare disease transmitted by ticks, which was known as Rocky Mountain spotted fever (RMSF). Smith’s parents sued the physicians on Smith’s behalf, claiming that the physicians had negligently failed to correctly diagnose Smith’s illness. At trial, expert witnesses for Smith testified that the physicians should have considered RMSF based on the symptoms displayed by Smith and the fact the illness was contracted in the summer in Georgia. The physicians claimed that Smith’s symptoms were equally consistent with their diagnosis of a viral illness. The trial court instructed the jury that the physicians could not be found negligent merely on the basis of hindsight, and that negligence did not include foreseeing illnesses that were only slightly possible. The jury returned a verdict for the physicians. Smith appealed, arguing that the jury instruction was incorrect and prejudicial.

Rule of Law

Issue

Holding and Reasoning (Hunstein, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 618,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 618,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership