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Herndon v. Ajayi2/2/2000
he conduct, even if supervisory or administrative, involved a medical judgment. Because determining and providing adequate care following a stent implant and shockwave lithotripsy requires "decisions which normally require the evaluation of the medical condition of a particular patient and, therefore, the application of professional knowledge, skill, and experience," Herndon's claim is an action for medical malpractice. As Herndon failed to oppose Dr. Ajayi's affidavit by appropriate expert testimony, summary judgment was proper.
2. Herndon mentions in his appellate brief that no expert testimony is required where the professional negligence is clear and palpable, but he does not argue that the negligence here was clear and palpable. In addition to the vagueness of Herndon's approach, we do not address the merits of this contention because the record, as transmitted to this Court, does not show that this argument was raised in the trial court. "Absent a showing that [Herndon] presented this argument to the trial court, we cannot reach it."
Judgment affirmed. Pope, P. J., and Smith, J., concur.
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