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HOLLIS v. ST. JOSEPH INFIRMARY, INC.
40299.
EBERHARDT, Judge.
Action for damages. Fulton Superior Court. Before Judge Wood, Emeritus.
The defendant's motion for summary judgment was granted in this malpractice case. The only affidavit produced by the plaintiff was her own, which largely dealt with admitted facts and was impeaching of Dr. Bregman, one of the defendant's affiants. Assuming that the issue of this witness's credibility was properly raised, invoking the trial judge's discretion, see Darby v. Interstate Life &c. Ins. Co., 107 Ga. App. 409, 410 (2) (130 SE2d 360), the plaintiff still failed to carry the burden of producing proof by other physicians of she want of care, skill or diligence on the part of defendant's staff physician. Shea v. Phillips, 213 Ga. 269 (2) (98 SE2d 552). In this situation, we have no choice but to rule that the summary judgment was properly granted. See Hayes v. Brown, 108 Ga. App., post.
The hospital moved for a summary judgment, attaching the affidavits of four doctors. The gist of the affidavits is that proper medical care was rendered to the infant. One affidavit further states that the diseases which caused the child's death were not "detectable prior to death." In opposition to the motion, plaintiff offered only her own affidavit. This affidavit did not concern any medical testimony except insofar as it was impeaching of Dr. Bregman's affidavit.
Lokey & Bowden, Charles M. Lokey, contra.
George F. Wheeler, Jr., William M. Redman, Jr., for plaintiff in error.
DECIDED SEPTEMBER 12, 1963.
Friday May 22 22:19 EDT


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