Bregman-Rodoski v. Rozas

10 Citing cases

  1. Conley v. Children's Healthcare

    632 S.E.2d 409 (Ga. Ct. App. 2006)

    In the context of medical malpractice actions, we have long held that while medical records need not be attached to the affidavit itself "if the affidavit is based upon material that is part of the record and before the court, the affidavit still must specifically identify those documents [,] and failure to do so results in summary judgment." Goring v. Martinez, 224 Ga. App. 137, 139 (2) (b) (ii) ( 479 SE2d 432) (1996); see also Bregman-Rodoski v. Rozas, 273 Ga. App. 835, 836-837 ( 616 SE2d 171) (2005) (affirming grant of summary judgment to defendants when plaintiff failed to file copies of medical records on which her expert affidavit was based). Here, the plaintiffs filed the affidavit of Dr. Sharon Mace to support the allegations of their complaint. It is undisputed, however, that the record on appeal does not include the medical records on which Dr. Mace's conclusions were based. Thus the Conleys have failed to comply with OCGA § 9-11-56 (e), and the trial court did not err when it granted the defendants summary judgment on this basis.

  2. Vaughan v. Wellstar Health System

    304 Ga. App. 596 (Ga. Ct. App. 2010)   Cited 19 times
    Affirming the grant of summary judgment to defendant hospital because the plaintiff failed to establish that the nurses violated the standard of care

    Smith, P.J., and Adams, J., concur. See Bregman-Rodoski v. Rozas, 273 Ga. App. 835, 836-837 ( 616 SE2d 171) (2005) (absent expert testimony that defendant deviated from the requisite standard of care, trial court properly granted summary judgment in favor of defendant). See also Collins, supra at 606-607 (3); Bowling v. Foster, 254 Ga. App. 374, 377 (1) (a) ( 562 SE2d 776) (2002) (absent testimony from doctor or expert that defendant deviated from the standard of care, evidence insufficient to support a claim for medical malpractice).

  3. Roberts v. Nessim

    297 Ga. App. 278 (Ga. Ct. App. 2009)   Cited 20 times
    Holding plaintiff's conclusory affidavit failed to overcome defendant's direct denial of causation sufficient to create a jury issue on causation

    Moreover, [Tidswell's] affidavit does not show an appropriate standard of care or set out any "particulars in which the defendant's treatment of the plaintiff was negligent," as required to overcome Defendant's motion for summary judgment. The trial court's order cites Bregman-Rodoski v. Rozas, 273 Ga. App. 835 ( 616 SE2d 171) (2005), and Sparks v. Hoff, 186 Ga. App. 907 ( 368 SE2d 830) (1988). The order further specifies that Roberts could not prevail on her fraud claim against Dr. Nessim because she "has not shown that a material fact exists to be tried as to Dr. Nessim's professional negligence."

  4. Whitley v. Piedmont Hospital

    284 Ga. App. 649 (Ga. Ct. App. 2007)   Cited 16 times
    Holding that mere recitation that a breach of the standard of care caused the injury was overly conclusory without particulars

    This affidavit which stated no "particulars" is not sufficient to rebut the motion for summary judgment. Bregman-Rodoski v. Rozas, 273 Ga. App. 835, 837 ( 616 SE2d 171) (2005); Hailey v. Blalock, 209 Ga. App. 345, 347 (2) ( 433 SE2d 337) (1993). 3. The Whitleys contend the trial court erred by granting summary judgment to Dr. Justicz and Peachtree Cardiovascular Thoracic Surgeons, P.A., because those defendants did not move for summary judgment.

  5. Rudd v. Paden

    279 Ga. App. 141 (Ga. Ct. App. 2006)   Cited 6 times

    See Jones v. Orris, 274 Ga. App. 52, 56 (2) ( 616 SE2d 820) (2005); Hailey v. Blalock, 209 Ga. App. 345, 347 (2) ( 433 SE2d 337) (1993); Bush v. Legum, 176 Ga. App. 395, 396 (1) ( 336 SE2d 284) (1985). E.g., Bregman-Rodoski v. Rozas, 273 Ga. App. 835, 836 ( 616 SE2d 171) (2005). Id. at 837 (footnote omitted).

  6. Dutton v. United States

    6:13-cv-58 (S.D. Ga. Nov. 25, 2014)

    Because the Court has found that Plaintiff's expert is not competent to testify as to the applicable medical standard of care in this case, the Government is entitled to summary judgment. See Bregman-Rodoski v. Rozas, 616 S.E.2d 171, 173 (Ga. Ct. App. 2005) (upholding a trial court's grant of summary judgment where plaintiff failed to present competent expert testimony). E. Plaintiff's Request for Oral Argument

  7. Dietzen v. Radiology Assocs. of Atlanta, P.C.

    354 Ga. App. 279 (Ga. Ct. App. 2020)

    And Dr. Smoger does not allege that Dr. Caldwell violated the standard of care by failing to properly arrange for aftercare for Dietzen during his absence. See Vaughan v. WellStar Health Sys. , 304 Ga. App. 596, 602 (4), 696 S.E.2d 506 (2010) (affirming the grant of summary judgment to defendant hospital because the plaintiff failed to establish that the nurses violated the standard of care); Collins v. Dickman , 295 Ga. App. 601, 606-607 (4), 672 S.E.2d 433 (2008) ; Bregman-Rodoski v. Rozas , 273 Ga. App. 835, 836-837, 616 S.E.2d 171 (2005) (affirming the grant of summary judgment to the defendant based on the lack of expert testimony that the defendant deviated from the requisite standard of care); Bowling v. Foster , 254 Ga. App. 374, 377 (1) (a), 562 S.E.2d 776 (2002) (affirming the grant of summary judgment to the defendant because the plaintiff failed to produce testimony from any doctor or expert that the defendant deviated from the standard of care).2.

  8. Cope v. Evans

    765 S.E.2d 40 (Ga. Ct. App. 2015)

    In the absence of any evidence that Dr. Cope violated a medical standard of care, Ms. Evans failed to rebut the presumption that Dr. Cope exercised due care and skill within the standard of care, and the trial court erred by denying Dr. Cope's motion for summary judgment. Vaughan v. Wellstar Health System, Inc., 304 Ga.App. 596, 602, 696 S.E.2d 506 (2010); Bregman–Rodoski v. Rozas, 273 Ga.App. 835, 836–837, 616 S.E.2d 171 (2005); Bowling v. Foster, 254 Ga.App. 374, 376–377, 562 S.E.2d 776 (2002); Lau's Corp., supra. With her amended complaint, Ms. Evans filed an expert affidavit pursuant to OCGA § 9–11–9.

  9. Cope v. Evans

    765 S.E.2d 40 (Ga. Ct. App. 2014)   Cited 2 times

    In the absence of any evidence that Dr. Cope violated a medical standard of care, Ms. Evans failed to rebut the presumption that Dr. Cope exercised due care and skill within the standard of care, and the trial court erred by denying Dr. Cope's motion for summary judgment. Vaughan v. Wellstar Health System, Inc., 304 Ga.App. 596, 602, 696 S.E.2d 506 (2010) ; Bregman–Rodoski v. Rozas, 273 Ga.App. 835, 836–837, 616 S.E.2d 171 (2005) ; Bowling v. Foster, 254 Ga.App. 374, 376–377, 562 S.E.2d 776 (2002) ; Lau's Corp., supra. With her amended complaint, Ms. Evans filed an expert affidavit pursuant to OCGA § 9–11–9.

  10. Padgett v. Baxley and Appling County Hospital Authority

    321 Ga. App. 66 (Ga. Ct. App. 2013)   Cited 5 times
    In Padgett and the cases preceding it, we considered expert affidavits submitted for the purposes of creating a genuine issue of material fact on summary judgment.

    It is well established that an affidavit purporting to rely on papers or other materials not attached to the affidavit is insufficient to create a genuine issue of fact on summary judgment. See Bregman–Rodoski v. Rozas, 273 Ga.App. 835, 836–837, 616 S.E.2d 171 (2005) (affirming grant of summary judgment to defendants when plaintiff failed to file copies of medical records on which her expert affidavit was based). Absent expert testimony that defendant deviated from the requisite standard of care, summary judgment is properly granted in favor of defendant.