Case 5: Butterworth v Swint, 186 SE 770 Ga.

1936

Facts

• Mrs. Ola Resseau Buttersworth filed a petition against Dr. R. C. Swint, which she
denominates as being “in equity.”
• Dr. Swint is the superintendent of the Georgia State Sanitarium at Milledgeville
while Mrs. Buttersworth is an attendant in the said institution and while
in the discharge of her duties as an attendant, she suffered an injury which result
to umbilical rupture.
• Dr. Swint though charged with the duty of rendering proper medical care to
petitioner and other employees at the sanitarium, refused to allow her to be
operated on for the injury, stating that if she would -wear an abdominal support an
operation would not be necessary
• Mrs. Buttersworth followed the advice and wore such support
• As a result to Dr. Swint’s refusal to Mrs. Buttersworth operation, her condition
became worse and she was compelled to resign in her position due to the her health
condition
• Later, her condition was such that other physicians whom she consulted
advised that an immediate operation was necessary for said rupture, and petitioner
was then operated on, when for the first time she ascertained the true extent of the
injury done her by the conduct of Dr. Swint
• Shortly before her operation, Mrs. Buttersworth discovered that Dr. Swint had
neglected and mistreated her on account of ill feeling on the part of defendant
toward Mrs. Buttersworth’s husband.

Issues
Whether or not there exists a physician-patient relationship between Mrs.
Buttersworth and Dr. R. C. Swint, superintendent of the Georgia State Sanitarium at
Milledgeville.

Ruling

There was no established physician-patient relationship between Ms. Buttersworth

and Dr. Swint based on the premise that there is no consensual agreement for the
defendant to treat or advise the plaintiff as her physician. Furthermore, having knowledge
of the condition of the plaintiff does not devolve upon the defendant the duty of rendering
medical care. Finally the general rule that physicians of a hospital, whether public or
private, enters into a Physician-patient relationship with every patient he/she brings into
the hospital does not apply to the superintendent where he is required under the code to
reside constantly in the premises and discharge his duties in any way connected in the
restoration of health and sanity.

Lessons

There are certain prerequisites to considered for a relationship to be

acknowledged as a proper physician-patient relationship. It is established when there
is mutual consent between two parties involved.