Jackson v. Tucker
| Decision Date | 21 November 1968 |
| Docket Number | 43815. |
| Citation | 165 S.E.2d 466,118 Ga. App. 693 |
| Parties | JACKSON v. TUCKER. |
| Court | Georgia Court of Appeals |
Rich, Bass, Kidd & Broome, C. Richard Avery, for appellant.
Troutman, Sams, Schroder & Lockerman, T. M. Smith, Jr., Robert L. Pennington, for appellee.
1. It is the general rule in this jurisdiction that expert medical testimony is required to show negligence respecting a physician's or surgeon's service to his patient. Pilgrim v. Landham, 63 Ga. App. 451 (4) (11 SE2d 420); Shea v. Phillips, 213 Ga. 269 (2) (98 SE2d 552); Hayes v. Brown, 108 Ga. App. 360, 363 (1) (133 SE2d 102); Murphy v. Little, 112 Ga. App. 517, 518 (1) (145 SE2d 760). And this rule is applicable where on defendant's motion for summary judgment plaintiff offers only his own lay affidavit in opposition to defendant's medical testimony. Hollis v. St. Joseph Infirmary, 108 Ga. App. 309 (132 SE2d 841). The only exceptions to this rule are where facts, although connected with medicine, are so well known as not to require expert testimony to place them before the jury, or where the case concerns matters which juries must be credited with knowing by reason of common knowledge. See Pilgrim v. Landham, 63 Ga. App. 451, 454, supra; Shea v. Phillips, 213 Ga. 269 (2), supra; Summerour v. Lee, 104 Ga. App. 73, 74 (2) (121 SE2d 80).
2. The facts of this case do not bring it within any exception to the general rule requiring medical testimony to show medical malpractice, and accordingly there was no error in granting defendant's motion for summary judgment. Cf. Murphy v. Little, supra; Summerour v. Lee, supra; Hollis v. St. Joseph Infirmary, supra.
Judgment affirmed. Felton, C. J., and Whitman, J., concur.
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Buck v. Alton Memorial Hospital, 79-116
...the injury complained of and his care of the plaintiff has been held sufficient to grant summary judgment. (Jackson v. Tucker, 118 Ga.App. 693, 165 S.E.2d 466 (Ct.App.1968). Contra, Brooks v. Serrano, 209 So.2d 279 (Fla.Dist.Ct.App.1968) (affidavit of defendant doctor that he performed his ......
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...actions fall within this category. In Truluck v. Funderburk, 119 Ga.App. 734, 168 S.E.2d 637 the court questioned Jackson v. Tucker, 118 Ga.App. 693, 165 S.E.2d 466 where the grant of summary judgment to a defendant physician had been affirmed, and reversed the grant in the case under consi......
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...and skill which would ordinarily have been employed by the medical profession generally under the circumstances. Jackson v. Tucker, 118 Ga.App. 693(1), 165 S.E.2d 466 (1968); Pilgrim v. Landham, 63 Ga.App. 451, 454, 11 S.E.2d 420 (1940); Summerour v. Lee, supra, 104 Ga.App. at 74, 121 S.E.2......
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Truluck v. Funderburk
...sufficient to authorize the granting of the defendant's motion for summary judgment. Anything held to the contrary in Jackson v. Tucker, 118 Ga.App. 693, 165 S.E.2d 466, decided prior to the Harrison and Ginn cases, supra, must yield to those Judgment reversed. FELTON, C.J., and PANNELL, J.......