Saturday, February 9, 2013

A mere conclusionary affidavit from plaintiff's expert that defendant's negligence amounted to gross negligence will not defeat summary judgment when OCGA 51-1-29 applies. When emergency-room physician immediately ordered x-rays of the patient's way to determine if he suffered a fractured, had a radiologist read the x-rays, and relying on the radiologist read the x-rays to make her diagnosis, as a matter of law treatment did not amount to the exercise of slight care. Pottinger v. Smith 293 Ga. App. 626 (2008). The standard of care applicable to this treatment a physician provides his patient is a national standard. The local standard does not apply. If an expert bases his opinions on a local standard, his testimony has no evidentiary value and should be excluded. Consequently testimony based on a general surgeon should you in a sophisticated medical community is insufficient as it evidence of the practice of medicine in Atlanta or Fulton County. Since locality rule does not apply, an expert needs no personal knowledge of the standards of practice and community where the alleged negligence occurred. Furthermore because the standard is a general or national standard, what a particular doctor would have done under the circumstances will not raise an issue of fact on negligence when defendants presents evidence that he did exercise that degree of skill and care required in general. The issue is not what an individual doctor would have done; the issue is what the standard of care requires. Johnson v. Riverdale anesthesiologist Associates 275 Ga. 240 2002. This case held that it would be improper to ask a defense expert if he would have pre-oxygenated the patient before the procedure and that what the expert person would've done under the circumstances is not admissible. Contact an Atlanta DUI lawyer today for a free consultation.

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