Herndon v. Ajayi

Miller, Judge.

If a physician fails to inform a patient that as a result of a medical procedure a stent was left in him and fails to call the patient when the patient does not keep an after-care appointment to remove the stent, do the physician’s actions fall into the category of professional negligence or the category of ordinary negligence? We conclude that these actions fall into the category of professional negligence, and we hold that plaintiff’s failure to submit appropriate expert testimony to rebut defendant-physician’s expert affidavit justified summary judgment in favor of defendant.

I…