Stanley Oliver appeals from the trial court’s grant of summary judgment to Dr. J. Carl Sutton, Jr. on Oliver’s claim for medical malpractice. For reasons which follow, we affirm. This is the second appearance of this case in our court. In Oliver v. Sutton , 246 Ga. App. 436 540 SE2d 645 2000, we partially reversed the trial court’s grant of summary judgment to Dr. Sutton. The trial court had granted summary judgment to Sutton on the basis that all of Oliver’s claims were time-barred. This Court affirmed the grant of summary judgment on Oliver’s claim of misdiagnosis and any claims of improper treatment as a result of the misdiagnosis. Id. at 438. We held, however, that Oliver’s claim that Dr. Sutton failed to tell him of the correct diagnosis at his visit on January 11, 1996, survived. The opinion went on to state: “Of course, Oliver’s damages are only those arising from the alleged failure to treat Oliver for the correct condition from that day forward. And in this case, there are serious questions about whether there are any damages given Oliver’s refusal to return as instructed and the possibility that the treatment was proper anyway. But this appeal concerns only whether the statute of limitation has run on that claim.” Id. at 439.
After the case returned to the trial court, Sutton again moved for summary judgment, claiming that he did, in fact, tell Oliver that he had subtaler osteoarthritis. Moreover, as pointed out by this Court, Oliver could show no damages as a result of any failure to communicate the diagnosis because he did not return to Sutton for treatment after the January 11, 1996 visit and also because Sutton was treating him correctly for subtaler osteoarthritis. The trial court granted the motion and this appeal followed.
