Dr. Witt was negligent in failing to order an X-ray on multiple occasions, which caused injury to Joan.
Issue:
Did Dr. Witt treat Joan with a professional standard of care?
Rule:
“To establish professional medical negligence the evidence presented by the patient must show a violation of the degree of care and skill that required of a physician.” Smith v. Finch, 681 S.E. 2d 147 (Ga. 2009).
Analysis:
In order to establish a prima facie case against Dr. Witt, Joan will need to bring in an expert witness. In this case, because it is about medical malpractice the expert witness will need to be a doctor to testify to the minimum professional standard of care. The court required that expert witness doctors are board certified,