Simons v. Conn

Smith, Judge.

Appellant Simons brought this medical malpractice action against appellees, alleging a negligent failure to detect that he had suffered a broken back in a work-related accident. Mrs. Simons joined in the action, alleging a loss of consortium. Appellees moved for summary judgment. Appellee Conn, the medical doctor who treated appellant, submitted an affidavit stating that he exercised "that degree of care and skill exercised by the profession in general under similar conditions and like surrounding circumstances.” However, Dr. Conn did admit in his affidavit that "if such a…