Opinion
40299.
DECIDED SEPTEMBER 12, 1963.
Action for damages. Fulton Superior Court. Before Judge Wood, Emeritus.
George F. Wheeler, Jr., William M. Redman, Jr., for plaintiff in error.
Lokey Bowden, Charles M. Lokey, contra.
The defendant's motion for summary judgment was granted in this malpractice case. The only affidavit produced by the plaintiff was her own, which largely dealt with admitted facts and was impeaching of Dr. Bregman, one of the defendant's affiants. Assuming that the issue of this witness's credibility was properly raised, invoking the trial judge's discretion, see Darby v. Interstate Life c. Ins. Co., 107 Ga. App. 409, 410 (2) ( 130 S.E.2d 360), the plaintiff still failed to carry the burden of producing proof by other physicians of the want of care, skill or diligence on the part of defendant's staff physician. Shea v. Phillips, 213 Ga. 269 (2) ( 98 S.E.2d 552). In this situation, we have no choice but to rule that the summary judgment was properly granted. See Hayes v. Brown, 108 Ga. App., post.
Judgment affirmed. Felton, C. J., and Russell, J., concur.
DECIDED SEPTEMBER 12, 1963.
Plaintiff's infant son died about 44 hours after his birth at the defendant's hospital. The negligence alleged is failure of the defendant's staff physicians to make either any examination or proper examination. A proper examination allegedly could have saved the child's life.
The hospital moved for a summary judgment, attaching the affidavits of four doctors. The gist of the affidavits is that proper medical care was rendered to the infant. One affidavit further states that the diseases which caused the child's death were not "detectable prior to death." In opposition to the motion, plaintiff offered only her own affidavit. This affidavit did not concern any medical testimony except insofar as it was impeaching of Dr. Bregman's affidavit.