Summary Judgment for Radiologist in Athens-Clarke County
3/1/2024Dan McGrew and Spencer Bomar obtained summary judgment for a radiology practice and its radiologists after the motion was successfully argued by Andrew Bagley.
Plaintiff alleged that the defendant radiologists negligently failed to comment on certain aspects of certain CT scans, compare the images to prior scans, or recommend a follow up MRI. After conducting fact discovery, Defendants designated expert witnesses with opinions contrary to Plaintiff’s allegations. Plaintiff failed to designate any experts or provide evidence in support of her allegations of professional negligence. Defendants moved for summary judgment and Plaintiff attempted to rely on the expert affidavit attached to her Complaint. The Court noted that the expert affidavit attached to the complaint is only a threshold pleading requirement and insufficient to defeat a motion for summary judgment. The Court granted summary judgment based on Plaintiff’s failure to present the requisite expert evidence to support her allegations of professional negligence.