In this medical malpractice case, Grady and Gayle Hart appeal the grant of summary judgment to Northside Hospital, Inc. “Northside”, contending that the trial court erred in 1 granting a motion in limine to exclude testimony of expert witnesses not timely identified during discovery, and 2 ruling that, because the Harts did not timely identify an expert witness to testify at trial, they could not meet their burden to prove their negligence claims. Because binding precedent holds that exclusion of evidence is not an appropriate remedy for curing a discovery omission, we are constrained to reverse.Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp .1 So viewed, the record shows that in January 2003, while Gary received cardiac care at Northside, it was necessary for him to be catheterized to void his bladder. After the treating physician ordered that the catheter be discontinued, a Northside “patient care technician” attempted to remove the catheter without properly emptying and deflating a bulb at the end. According to the Harts’ verified complaint, a nurse eventually entered the room, voided and deflated the bulb with a syringe, and removed the catheter, but not before Gary had become injured by the prior improper attempts at removal.
In January 2005, the Harts sued Northside, alleging one count of ordinary negligence and one count of medical negligence. Attached to their complaint was an affidavit by a registered nurse licensed in Georgia, who opined that Northside failed to meet the standard of care in removing the catheter. Northside responded with a verified answer denying liability. In March 2005, the Harts’ attorney sought permission to withdraw from the case, which request was granted in April. From March to August 2005, the Harts proceeded with discovery pro se, responding to and propounding several discovery requests. Several times Northside requested that Harts identify their expert witnesses, and although the nurse was identified once, the Harts later withdrew her as an expert and responded that no expert was identified yet.2
