This action arises out of a surgery that took place on March 15, 2001. Dr. George Shaak removed a significant portion of Robert Airasian’s colon during the surgery. On March 29, 2001, Shaak performed an emergency colostomy after he discovered that a large portion of Airasian’s remaining colon was necrotic. Airasian filed a medical negligence action against Shaak, alleging his colon died because Shaak failed to provide adequate blood flow to the surgery site and failed to monitor Airasian’s condition following the first surgery. The case was tried before a jury the week of January 29, 2007, and the jury returned a verdict in favor of Shaak. Airasian appeals, alleging the trial court erred in refusing to admit “statements against interest” made by Shaak on the date of the second surgery and erred in allowing Dr. Marvin Corman and Dr. Vernon Henderson to testify as experts without properly establishing their credentials. We find no error. 1. Airasian contends the trial court erred in ruling that he was prevented from presenting evidence that Shaak made admissions of negligence on March 29, 2001. According to Airasian, he should have been allowed to present 1 his wife’s observations that Shaak appeared “white as his jacket” and “quite upset” after the second surgery, and 2 Shaak’s statement to Airasian’s wife immediately after the second surgery: “This was my fault.” Airasian asserts that these observations and statements should have been admissible as statements against interest and under the res gestae exception to the hearsay rule. Even assuming that Shaak made the statements at issue, the trial court properly excluded these observations and statements pursuant to OCGA § 24-3-37.1 c.
OCGA § 24-3-37.1 c provides as follows:In any claim or civil action brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities, or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of benevolence which are made by a health care provider . . . to the patient, a relative of the patient, or a representative of the patient and which relate to the unanticipated outcome shall be inadmissible as evidence and shall not constitute an admission of liability or an admission against interest.Clearly, Shaak’s alleged actions and statements fall within the plain meaning of the statute. Where the language of a statute is plain and unambiguous, judicial construction is not only unnecessary, it is forbidden.1
