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Willingham v. Hudson7/7/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
Appellant Charlotte Willingham filed this medical malpractice action alleging that appellee Dr. Mark Hudson rendered negligent medical treatment which resulted in an infection and subsequent leg amputation. Appellee moved for summary judgment on the basis of the "Good Samaritan" and "Hospital" immunity exemptions from civil liability pursuant to OCGA §§ 51-1-29 and 51-1-29.1 respectively. The trial court granted appellee's motion from which Willingham has filed the instant appeal. We agree that "Good Samaritan" immunity applies based upon the facts and evidence presented in this case, and therefore, we affirm.
The evidence of record shows that on or about February 14, 2002, a tornado struck Camilla and Mitchell counties. Local hospitals were inundated with severely injured tornado victims. Between 2:00 a.m. and 3:00 a.m. during the crisis, an emergency room nurse at Grady General Hospital contacted appellee, a local family practitioner, and requested his assistance in treating the influx of patients at the hospital. Although appellee was not the on-call physician nor the ER back-up physician on that date, he and other local doctors arrived at the hospital and began treating the injured victims as requested.
EMS transported Willingham, an injured tornado victim, to Grady General Hospital for medical treatment. She was suffering from a 20 cm x 14 cm laceration to her right thigh, which was open to the bone and exposed the femoral artery; a laceration to her right foot; and lacerations to her earlobe. Several different physicians treated Willingham upon her arrival at the hospital. Another ER physician began to debride and irrigate the wound on her right thigh. However, when Willingham began to feel uncomfortable, that ER physician stopped the procedure and asked appellee to transport her to the operating room where the procedure could be completed with anesthesia. Thereafter, appellee treated the wound to Willingham's right thigh and earlobe. Before he loosely sutured the right thigh wound, appellee explored and irrigated it using saline and bacitracin. Willingham remained hospitalized for further treatment and observation.
Several days later, a "foul smelling purulent drainage" was coming from Willingham's right foot wound and Willingham could not move her toes. A follow-up x-ray revealed a "soft-tissue injury with gas in the soft tissues of the mid foot laterally" and "a questionable radiopaque foreign body" near the foot laceration. Thereafter, Willingham was transferred to Archbold Memorial Hospital where she was diagnosed as having a "necrotizing infection of the right foot with compartment syndrome and necrosis of the foot and lower leg." As a result of the infection, Willingham's right leg was amputated.
1. Willingham enumerates that the trial court erred by granting appellee's motion for summary judgment based upon the "Good Samaritan" defense. We disagree.
On a motion for summary judgment, the burden is on the movant to show that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). The movant's burden may be discharged by referencing affidavits, depositions and other documentary evidence in the record showing that there is an absence of evidence to support the non-movant's case. All the evidence is to be construed most strongly against the movant with all favorable inferences given to benefit the party opposing the motion. After the movant discharges his burden, the non-movant cannot rest on his pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56 (e); Lau's Corp., Inc. v. Haskin
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