These are appeals from the grant of summary judgment to the defendant-doctors in a medical malpractice action. Each of the doctors filed a motion for summary judgment supported by his own affidavit. Each doctor’s affidavit stated, in essence, that in his expert opinion the medical care and treatment by him equaled or exceeded that degree of care and skill exercised by the medical profession generally under similar conditions and like circumstances, and that no act or omission on his part caused or contributed in causing, either directly or proximately, the death of his patient. To counter appellees’ affidavits, appellant filed two affidavits by another doctor who opined, on the basis of almost 1,300 pages of medical records which were attached to the affidavit as an exhibit, that the treatment rendered by appellees failed to meet that degree of ordinary skill and care required of the medical profession generally under the same or similar circumstances and that significant deviations from that standard of care by appellees directly and proximately caused the death of the patient.
In a medical malpractice case, a defendant-doctor’s affidavit stat
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ing his expert opinion that his care of the patient met the appropriate standard, of care establishes the defendant’s right to summary judgment unless the plaintiff counters with a contrary opinion by an expert.
Payne v. Golden,
Appellant’s expert’s affidavits did not meet that requirement. Rather than setting out what should have been done and comparing that to what was done, the affidavit merely concluded that appellees’ treatment did not meet the appropriate standard of care. Such an affidavit, failing to establish the parameters of acceptable professional conduct, is not sufficient to carry the burden required of a plaintiff when a defendant has made a prima facie showing of entitlement to judgment.
Kellos v. Sawilowsky,
Judgment affirmed.