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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