Wyatt v. Ford
Wyatt v. Ford
Dissenting Opinion
dissenting.
Having reviewed the four-page memorandum written by Chief Judge Birdsong dated January 28, 1987 and the nine-page follow-up memorandum dated September 2, 1987,1 must respectfully dissent to the recommendation that the appeal be dismissed as improvidently granted. “[T]his writer, who has little love for motions for summary judgment, and a passion for the jury’s right to determine all issues of fact, including negligence, reluctantly . . .” would reverse the trial court’s denial of Dr. Wyatt’s motion for summary judgment. Simmons v. Classic City Beverages, 136 Ga. App. 150, 152 (220 SE2d 734) (1975).
The facts necessary to constitute abandonment involving duties of a professional appear to require almost as strong a finding as required in the abandonment of a child. “In order to constitute abandonment, there must be an actual desertion, accompanied with an intention to entirely sever, so far as possible to do so, the parental relation, and throw off all obligations growing out of the same.” Glendinning v. McComas, 188 Ga. 345, 347 (3 SE2d 562) (1939). (Emphasis supplied.)
In summary, Dr. Wyatt said: “As best I recall I told Fran that I was leaving town to see about my father who had had a coronary and that I was turning over primary care of Walter to Dr. Miller.” It is uncontradicted that between Dr. Wyatt and Mrs. Ford there was an important reason for his leaving, but that he was not abandoning his patient because he was providing a competent substitute physician. There is no abandonment when a double board-certified physician is backed up by other on-call physicians of two separate professional groups who were all available.
In addition, there does not appear to be any testimony that the actual care and treatment of the patient would or should have been different. While there was some testimony it would have been better to have transferred the patient to a children’s hospital, these opinions appear to be afterthoughts or speculations from a Monday morning quarterback’s perspective. To require greater specificity of more complicated contractual agreements for professional people to provide substitutes in emergency situations would seemingly throw a cold chill upon professional persons making such arrangements that is not
Opinion of the Court
Appeal dismissed as improvidently granted.
Appeal dismissed.
Reference
- Full Case Name
- WYATT v. FORD Et Al.
- Cited By
- 2 cases
- Status
- Published