Hogan v. Almand
Hogan v. Almand
Opinion of the Court
Remembering that Dr. Almand was called into the
The plaintiffs contention is that the infant did not die of hyaline membrane disease, a condition beyond medical therapy, as the defendants contend, but as a result of bacterial infection contracted during the conditions of the unattended birth; that Dr. Almand, had he correctly diagnosed the infection, might have administered antibiotics and other procedures which would have saved the life of the newborn, and that Dr. Almand’s failure to investigate the possibility of bacterial disease in connection with the laboratory findings before him constitutes negligence. The defendants’ opinion is that the laboratory findings were incorrect in the first place and would not have shown bacterial infection in the second. We have here a case which in the last analysis must be determined by medical opinion evidence both as to the cause of death, the method of diagnosis, and the proper treatment. It is in no way a case which, based only on the facts and in the absence of opinion testimony, could demand a conclusion one way or the other. See
Although these movants for summary judgment are not chargeable with the alleged negligence of the hospital and the attending physician, or even with knowledge of its existence, and although the ruling that a medical defendant may never rely solely on opinion testimony, although uncontradicted, to obtain summary judgment precludes this case termination at all to defendants where the ultimate issue must be determined by this kind of evidence (which makes the defense of malpractice cases particularly burdensome to medical defendants) nevertheless, the issue remains for jury decision, and the grant of summary judgment was error.
Judgment reversed.
Concurring Opinion
concurring specially.
I concur in the judgment of reversal for the reason that in my opinion plaintiff, by introducing the affidavit of Dr. Freeman, introduced evidence sufficient to overcome the presumption
Shea v. Phillips, 213 Ga. 269, 271 (98 SE2d 552). This presumption of due care, like all presumptions save presumptions of law, not involved here, recedes in the face of evidence.
Reference
- Full Case Name
- HOGAN v. ALMAND Et Al.
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- Published