Wagner v. Timms, 281 S.E.2d 295 (Ga. Ct. App. 1981). · Go Syfert
Wagner v. Timms, 281 S.E.2d 295 (Ga. Ct. App. 1981). Cases Citing This Book View Copy Cite
44 citation events (4 in the last 25 years) across 3 distinct courts.
Strongest positive: Johnson v. Omondi (ga, 2013-11-14)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 15 distinct citers.
discussed Cited as authority (rule) Johnson v. Omondi
Ga. · 2013 · confidence medium
As our Court of Appeals has explained, “a jury cannot reasonably be expected to apply negligence principles to medical conduct absent competent evidence of what degree of skill and care the medical profession generally would have exercised under similar circumstances.” Wagner v. Timms, 158 Ga. App. 538, 539 (1) ( 281 SE2d 295 ) (1981).
cited Cited as authority (rule) Wilborn v. Blake
Ga. Ct. App. · 2000 · confidence medium
Lorentzson v. Rowell, 171 Ga. App. 821, 824 ( 321 SE2d 341 ) (1984). 204 Ga. App. 866, 867 (2) ( 421 SE2d 76 ) (1992). 158 Ga. App. 538, 539 (1) ( 281 SE2d 295 ) (1981).
discussed Cited as authority (rule) Cromer v. Hodges
Ga. Ct. App. · 1995 · confidence medium
“The mere existence of conflicts in the evidence does not render the direction of a verdict erroneous if it was demanded, either from proof or from lack of proof on the controlling issue or issues.” Carr v. Jacuzzi Bros., 133 Ga. App. 70, 74 (7) ( 210 SE2d 16 ) (1974); Wagner v. Timms, 158 Ga. App. 538, 539 (1) ( 281 SE2d 295 ) (1981); OCGA § 9-11-50 (a).
cited Cited as authority (rule) MacDonald v. United States
M.D. Ga. · 1994 · confidence medium
See Blount v. Moore, 159 Ga.App. 80, 81 , 282 S.E.2d 720, 721 (1981); Wagner v. Timms, 158 Ga.App. 538, 538 , 281 S.E.2d 295, 296 (1981).
discussed Cited as authority (rule) Hudgins v. Bacon (2×)
Ga. Ct. App. · 1984 · confidence medium
It is generally true that one expert's opinion that certain procedures should have been utilized does not properly establish the standard of care of a profession (see Wagner v. Timms, 158 Ga. App. 538, 539 ( 281 SE2d 295 )), but it is possible for evidence to establish a known or knowable defect without proof of a professional standard, if the proof is clear and palpable to the jury.
discussed Cited as authority (rule) Beatty v. Morgan
Ga. Ct. App. · 1984 · confidence medium
See also Massee v. Hattaway, 167 Ga. App. 870, 871 ( 308 SE2d 24 ); Jackson v. Gershon, 165 Ga. App. 492, 493 ( 300 SE2d 335 ); Wagner v. Timms, 158 Ga. App. 538, 539 ( 281 SE2d 295 ); Slack v. Moorhead, 152 Ga. App. 68, 71 ( 262 SE2d 186 ); Kenney v. Piedmont Hosp., 136 Ga. App. 660, 664 ( 222 SE2d 162 ); Mayo v. McClung, 83 Ga. App. 548, 556 (2a) ( 64 SE2d 330 ).
discussed Cited as authority (rule) Jones v. Finley
Ga. Ct. App. · 1984 · confidence medium
While he did comment that he would have obtained additional x-rays had he had only the November 11 films, professional negligence is “not a question of what one individual doctor thought was advisable.” Mayo v. McClung, 83 Ga. App. 548 (2a) ( 64 SE2d 330 ); Wagner v. Timms, 158 Ga. App. 538, 539 ( 281 SE2d 295 ).
cited Cited as authority (rule) Sikorski v. Bell
Ga. Ct. App. · 1983 · confidence medium
Kenney v. Piedmont Hosp., 136 Ga. App. 660, 664 ( 222 SE2d 162 ); Wagner v. Timms, 158 Ga. App. 538, 539 ( 281 SE2d 295 ).
discussed Cited "see" MINTON v. BRADLEY
M.D. Ga. · 2022 · signal: see · confidence high
Roberts v. Quick Rx Drugs, Inc., 807 S.E.2d 476, 480 (Ga. Ct. App. 2017) (quoting Hopkinson v. Labovitz,28 499 S.E.2d 338, 339 (Ga. Ct. App. 1998)); see Wagner v. Timms, 281 S.E.2d 295, 297 (Ga. Ct. App. 1981) (“Testimony establishing the proper medical standard [is] required because a jury cannot reasonably be expected to apply negligence principles to medical conduct absent competent evidence of what degree of skill and care the medical profession generally would have exercised under similar circumstances.”).
discussed Cited "see" KNAPIK v. UNITED STATES OF DEPARTMENT OF VETERANS AFFAIRS
M.D. Ga. · 2020 · signal: see · confidence high
Roberts v. Quick Rx Drugs, Inc., 807 S.E.2d 476, 480 (Ga. Ct. App. 2017) (quoting Hopkinson v. Labovitz,28 499 S.E.2d 338, 339 (Ga. Ct. App. 1998)); see Wagner v. Timms, 281 S.E.2d 295, 297 (Ga. Ct. App. 1981) (“Testimony establishing the proper medical standard [is] required because a jury cannot reasonably be expected to apply negligence principles to medical conduct absent competent evidence of what degree of skill and care the medical profession generally would have exercised under similar circumstances.”).
examined Cited "see" Department of Human Resources v. Phillips (4×)
Ga. · 1997 · signal: see · confidence high
See Wagner v. Timms, 158 Ga.App. 538 , 281 S.E.2d 295 (1981). [26] See Lawrence v. Gardner, 154 Ga.App. 722 , 270 S.E.2d 9 (1980) (neither summary judgment nor directed verdict are appropriate where defendant's own expert testimony may be construed by the jury to support the plaintiff's claim of professional negligence).
cited Cited "see" Tumlin v. Daniels
Ga. Ct. App. · 1983 · signal: see · confidence high
See Wagner v. Timms, supra; Wilson v. Kornegay, 108 Ga. App. 318 (1) ( 132 SE2d 791 ) (1963).
discussed Cited "see" H. Elton Thompson & Associates v. Williams (2×)
Ga. Ct. App. · 1982 · signal: see · confidence high
See Wagner v. Timms, 158 Ga. App. 538, 539 ( 281 SE2d 295 ) (1981).
discussed Cited "see, e.g." Lorentzson v. Rowell (2×)
Ga. Ct. App. · 1984 · signal: see also · confidence low
See also Wagner v. Timms, 158 Ga. App. 538 (1) ( 281 SE2d 295 ).
discussed Cited "see, e.g." Overstreet v. Nickelsen (2×)
Ga. Ct. App. · 1984 · signal: compare · confidence medium
Compare Wagner v. Timms, 158 Ga. App. 538, 539 ( 281 SE2d 295 ) (1981); Kenney v. Piedmont Hosp., supra at 664.
WAGNER
v.
TIMMS; And Vice Versa
61520, 61521.
Court of Appeals of Georgia.
May 15, 1981.
281 S.E.2d 295
Charles R. Ashman, for appellant., William P. Franklin, Jr., for appellee.
Carley, Deen, Banke.
Cited by 22 opinions  |  Published
Carley, Judge.

Appellant-plaintiff brought suit for damages based on the alleged negligent treatment rendered by the appellee-defendant doctor in connection with an injury to a finger on appellant’s right hand. At the conclusion of all the evidence presented at trial, the trial court directed a verdict in favor of appellee and judgment was entered accordingly. The main appeal is from that judgment. In the cross-appeal, appellee contends the trial court erroneously admitted into evidence the deposition of Dr. Neubiser, a non-resident physician and appellant’s only expert witness.

1. “To establish professional medical negligence the evidence presented by the patient must show a violation of the degree of care and skill required of a physician. Code Ann. § 84-924. Such standard of care is that which, under similar conditions and like circumstances, is ordinarily employed by the medical profession generally. [Cits.] There is a presumption that medical or surgical services were performed in an ordinary skillful manner and the burden is on the plaintiff to show failure to exercise due care and skill. [Cits.] Excepting in a few extreme circumstances, the question of compliance with the required standards. must be presented through expert testimony. [Cits.]” Kenney v. Piedmont Hospital, 136 Ga. App. 660, 664 (222 SE2d 162) (1975); see also Slack v. Moorhead, 152 Ga. App. 68, 71 (262 SE2d 186) (1979).

Under the foregoing principles, the ultimate issue to be resolved in the main appeal is whether the evidence presented on behalf of appellant was sufficient to establish the medical standard which the jury would be required to utilize in measuring the actions of the[*539] appellee ' doctor—that degree of care which, under similar circumstances and conditions, is ordinarily employed by the medical profession generally. As previously noted, the deposition of Dr. Neubiser was the only expert testimony introduced on behalf of appellant. We have carefully reviewed this testimony and find no evidence of the standard of care and skill that would ordinarily be employed by the medical profession generally with respect to a patient exhibiting the physical conditions shown by appellant. Dr. Neubiser’s testimony that in his opinion certain procedures should have been utilized and that he thought it advisable for post-reduction X-rays to be taken did not establish the standard of the medical profession generally, a breach of which could be construed as negligence. Mayo v. McClung, 83 Ga. App. 548, 556 (2a) (64 SE2d 330) (1951); Kenney v. Piedmont Hospital, supra; Slack v. Moorhead, supra. Also, Dr. Neubiser’s testimony that a general surgeon in a “sophisticated medical community” should not attempt to treat an injury like appellant’s was of no evidentiary value as it was obviously predicated on the standard of care and skill exercised by the profession locally rather than the profession generally. Fain v. Moore, 155 Ga. App. 209 (270 SE2d 375) (1980).

Testimony establishing the proper medical standard was required because a jury cannot reasonably be expected to apply negligence principles to medical conduct absent competent evidence of what degree of skill and care the medical profession generally would have exercised under similar circumstances. It would be impermissible for the jury to use any arbitrary standard they may wish to apply. Pilgrim v. Landham, 63 Ga. App. 451 (4) (11 SE2d 420) (1940); Washington v. City of Columbus, 136 Ga. App. 682, 690 (222 SE2d 583) (1975); Hughes v. Malone, 146 Ga. App. 341, 345 (247 SE2d 107) (1978).

Code Ann. § 81A-150 (a) provides: “... If there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict, such verdict shall be directed.” However, “[t]he mere existence of conflicts in the evidence does not render the direction of a verdict erroneous if it was demanded, either from proof or from lack of proof on the controlling issue or issues. [Cit.] ” Carr v. Jacuzzi Bros., 133 Ga. App. 70, 74 (210 SE2d 16) (1974); see also Lingo v. Kirby, 142 Ga. App. 278, 279 (236 SE2d 26) (1977). Appellant failed to introduce expert testimony showing the parameters of acceptable medical conduct generally under similar facts and circumstances, a significant deviation from which would constitute medical negligence by appellee. Self v. Exec. Committee of Ga. Baptist Convention, 245 Ga. 548 (266 SE2d 168) (1980). Therefore, pretermitting a[*540] determination of the underlying propriety of the trial court’s admission into evidence of Dr. Neubiser’s deposition, the appellant failed to prove an essential element of his case and, therefore, the trial court did not err in directing a verdict in favor of appellee. Slack v. Moorhead, supra.

Decided May 15, 1981. Charles R. Ashman, for appellant. William P. Franklin, Jr., for appellee.

Judgment affirmed in Case Number 61520; appeal dismissed in Case Number 61521.

Deen, P. J., and Banke, J, concur.