Kirk v. Ashley

Andrews, Judge.

The Kirks appeal from the grant of defendant’s motion for summary judgment in their medical malpractice action against Dr. Ashley. In the complaint’s only specification of negligence, Thomas Kirk and his wife, Modena, claimed that Dr. Ashley, while performing surgery on Mr. Kirk for a hiatal hernia, lacerated his liver and severed his hepatic vein.

The evidence established that the tears during Mr. Kirk’s operation at Walton County Hospital resulted in significant bleeding and Dr. Ashley halted the operation with respect to the hiatal hernia, gave him blood and transferred him…