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McMichael v. Howell6/2/2005
r should have known prior to making the decision to perform the full facial are not matters of common sense and require medical testimony. Furthermore, a plaintiff claiming medical malpractice must show that there is a casual connection between the injury and the defendant's conduct or acts, and this requires expert medical testimony. Palmer, 564 So. 2d at 1355.
. Therefore, the trial court was correct in granting summary judgment as to McMichael's entire complaint because she did not produce expert medical testimony which is required for medical malpractice. McMichael clearly asserts medical malpractice in her complaint and not 'breach of contract.' The trial court's opinion discussed all claims raised by McMichael but categorized them into either informed consent or medical malpractice. The complaint clearly asserted that Dr. Howell departed from the standard of care when he failed to perform the services agreed upon. Medical testimony is required to support all of McMichael's claims, and summary judgment, as to all claims, in favor of Dr. Howell was proper.
CONCLUSION
. The trial court did not err in granting summary judgment in favor of Dr. Howell because McMichael did not produce expert medical testimony which is required for informed consent and medical malpractice claims. For the foregoing reasons, we affirm the judgment of the trial court.
. AFFIRMED.
WALLER AND COBB, P.JJ., EASLEY, CARLSON AND DICKINSON, JJ., CONCUR. GRAVES, J., CONCURS IN RESULT ONLY.
DIAZ AND RANDOLPH, JJ., NOT PARTICIPATING.
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