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Hinson v. Glen Oak Retirement Home12/15/2000
ve possibly alerted Dr. Borne to the presence of colon cancer and caused him to proceed with diagnostic testing at an earlier stage. The medical review panel, after reviewing the plaintiffs' thorough submission, concluded that Dr. Borne did not breach the standard of care in his treatment of Ms. Reagan. Once Dr. Borne supported his motion for summary judgment with this favorable expert opinion and his own affidavit and narrative, it was incumbent upon the plaintiffs to come forth with some expert testimony indicating that Dr. Borne breached the standard of care. Plaintiffs' assertion that they intend to use the defendant and the members of the review panel to prove their case at trial is not sufficient to show that they will be able to satisfy their burden of proof, particularly since the record is devoid of any evidence favorable to plaintiffs from these persons. Had plaintiffs deposed a member of the review panel and posed direct questions based on the complaints they allege that Ms. Reagan made during the year preceding her diagnosis of colon cancer and the alleged failure of Dr. Borne to take timely notice of and act upon such complaints, then perhaps they would have obtained the necessary expert opinion to show that a genuine issue of material fact exists and that they may be able to meet their evidentiary burden at trial. In the absence of such expert testimony and in light of the fact that this is not a case of obvious negligence on the part of the physician, plaintiffs have not presented factual support sufficient to show that a genuine issue for trial exists regarding whether Dr. Borne breached the standard of care. Therefore, summary judgment in favor of the defendant is appropriate in this instance.
CONCLUSION
Based on the foregoing reasons, we affirm the grant of summary judgment by the trial court in favor of the defendant, Dr. Alan J. Borne. Costs are taxed against the appellants.
AFFIRMED.
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