Armstrong v. Rapson

BLACKBURN, Presiding Judge.

In this medical malpractice action involving a sponge left in a patient, Dr. Ned Armstrong and his professional corporation (Ortho-paedic Surgery, PC.) appeal from the denial of their motion for summary judgment. They claim no evidence showed that Dr. Armstrong acted negligently in the surgery at issue. Because defendants omitted from the appellate record evidence relied on by the trial court in denying summary judgment, we must affirm.

We note first that the notice of appeal filed by defendants Dr. Armstrong and his corporation was not in the form directed by OCGA §…