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Knight v. Parker

Court of Appeals of Georgia
Nov 21, 1979
152 Ga. App. 467 (Ga. Ct. App. 1979)





Medical malpractice. Coffee Superior Court. Before Judge Hodges.

Ben B. Mills, Jr., for appellant.

Terry A. Dillard, S. F. Memory, Jr., for appellee.

Plaintiff brought suit for malpractice alleging damages based on defendant-physician's negligent treatment of a cyst upon her finger. Plaintiff claimed that her finger became infected, crooked and drawn as a result of defendant's treatment and that, consequently, the use of her finger and hand has been severely restricted.

Defendant submitted an affidavit along with his motion for summary judgment, wherein he averred that in his expert opinion his surgical and postoperative treatment of the plaintiff met acceptable medical standards. Upon plaintiff's failure to respond to defendant's motion with expert opinion indicating the contrary, defendant's motion was granted. We reverse.

Ordinarily, "in those cases where the plaintiff must produce an expert's opinion in order to prevail at trial [see Dickerson v. Hulsey, 138 Ga. App. 108 ( 225 S.E.2d 464), requiring expert opinion in medical malpractice suits], when the defendant produces an expert's opinion in his favor on motion for summary judgment and the plaintiff fails to produce a contrary expert opinion in opposition to that motion, then there is no genuine issue to be tried by the jury and it is not error to grant summary judgment to the defendant. [Cits.]" Howard v. Walker, 242 Ga. 406, 408 ( 249 S.E.2d 45).

However, in Simons v. Conn, 151 Ga. App. 525 (1979), this court held that the expert opinion of the party defendant-physician alone was insufficient to pierce the complaining party's pleadings. Therefore, in accordance with Simons, we hold that in the absence of additional expert opinion supporting defendant-physician's contentions of due care, it was not incumbent upon the plaintiff to introduce expert opinion to support her allegations of defendant's negligence. This being so, the court erred in granting defendant's motion for summary judgment.

Judgment reversed. Deen, C. J., and Carley, J., concur.


Summaries of

Knight v. Parker

Court of Appeals of Georgia
Nov 21, 1979
152 Ga. App. 467 (Ga. Ct. App. 1979)
Case details for

Knight v. Parker

Case Details

Full title:KNIGHT v. PARKER

Court:Court of Appeals of Georgia

Date published: Nov 21, 1979


152 Ga. App. 467 (Ga. Ct. App. 1979)
263 S.E.2d 248

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