Dickerson v. Hulsey , 138 Ga. App. 108 ( 1976 )

Deen, Presiding Judge,

concurring specially.

We deal here with the question of the necessity for the plaintiff in a medical malpractice suit to come forward with expert medical evidence in opposition to the doctor’s motion for summary judgment.

In a medical malpractice action, the presumption is that the medical or surgical services were performed in an ordinarily skillful manner, and the burden is on the one receiving the services to show a want of due care, skill and diligence. Ga. Northern R. Co. v. Ingram, 114 Ga. 639, 640 (40 SE 708); Akridge v. Noble, 114 Ga. 949, 958 (41 SE 78); Fincher v. Davis, 27 Ga. App. 494 (2) (108 SE 905). The proof ordinarily required to overcome such presumption of care, skill and diligence is that given by physicians or surgeons as expert witnesses. Pilgrim v. Landham, 63 Ga. App. 451 (4) (11 SE2d 420); Howell v. Jackson, 65 Ga. App. 422 (16 SE2d 45). "It is the general rule in this jurisdiction that laymen, even jurors and courts, are not permitted to say what is proper medical and surgical treatment, for that is a medical question. But where the result of medical treatment is so pronounced as to become apparent, as where a leg or limb which has been broken is shorter than the other after such treatment, or where a doctor undertakes to stitch a wound on his patient’s cheek, and, by an awkward move, thrusts his needle into the patient’s eye, this fact may be testified to by anyone competent to testify; and cases of such character are the only exception in this jurisdiction to the general rule requiring expert medical testimony to show negligence respecting a physician’s or surgeon’s service to his patient.” Shea v. Phillips, 213 Ga. 269, 271 (98 SE2d 552). (Emphasis supplied.)

I am not prepared to say that the perforation of the uterine wall of a plaintiff with a history of endometritis (infection or inflammation of the uterus lining) and undergoing a D & C operation is a result "so pronounced” as to demonstrate medical malpractice without expert medical evidence.

There being no inference of negligence from the result of the medical treatment undergone by the plaintiff and the defendant having offered evidence showing his actions were proper, it was not error to grant the defendant’s motion for summary judgment. Anderson v. Crippen, 122 Ga. App. 27 (176 SE2d 196) and cits.