Carter v. Smith

The trial court did not abuse its discretion in admitting the plaintiff's expert witness's testimony, since the plaintiff alleged that the defendant negligently failed to examine him after he fell in a long-term care facility and complained of hip pain and his expert had current practice experience in examining long-term care facility patients.

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Jerry Smith sued Dr. Glenn Carter for medical malpractice, alleging that Carter failed to timely examine and treat him after he fell and broke his hip. The jury found in favor of Smith and awarded him $144,000. Carter filed a motion for judgment notwithstanding the verdict JNOV, which was denied by the trial court. Carter appeals, alleging that the trial court erred in i denying his motion for JNOV after determining that the testimony of Smith’s sole expert witness was admissible pursuant to OCGA § 24-9-67.1 c 2; ii charging the jury; and iii denying his motion for a directed verdict. We discern no error and affirm. Viewed in the light most favorable to the jury’s verdict,1 the record shows that Smith was admitted to a long-term-care facility in Liberty County on July 12, 2001. On July 21, 2001, Smith fell while attempting to get in his bed. The facility contacted Carter, who was Smith’s physician, on July 25, 2001, and reported that Smith had fallen, was complaining of hip pain, and was asking for an x-ray and pain medication. Carter ordered that Smith remain on Oxycontin, which he had previously prescribed for Smith’s back pain. After Smith continued to complain of hip pain the next day, Carter claimed to have gone to the facility to examine Smith, but that claim was disputed by Smith and not confirmed by Smith’s medical records. On July 27, 2001, an x-ray of Smith’s hip was taken, and the x-ray technician reported that Smith likely had a fractured hip. In the days that followed, Smith continued to complain of pain, but Carter admitted that he did not examine Smith after the x-ray was taken.

On July 31, 2007, Smith engaged a new physician, who examined him, changed his pain medication, and ordered a CT scan for his hip. The CT scan was performed the following day and confirmed that Smith’s hip was fractured. A surgeon admitted Smith to the hospital on August 2, 2001, and surgery on Smith’s fractured hip was performed on August 4, 2001.

Carter v. Smith

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