Scott v. Mendoza

SHORES, Justice.

This is an appeal from a summary judgment in favor of the defendant in a medical malpractice case. We reverse.

The complaint charges the defendant physician with negligence in treating the minor plaintiff’s fractured thumb, which occurred while the fourth grader was playing football at Centerville Elementary School on October 5, 1979. He was taken to Bibb County Hospital, where he was examined by Dr. Mendoza. After X-raying the thumb, Dr. Mendoza put the hand in a cast to be worn for three weeks. The thumb continued to cause extreme pain, and plaintiff returned to the hospital…