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Roberson v. Jeffrey M. Waltner1/14/2005
physician is essential to establish a reasonable probability the physician's negligence caused the injury. In a medical malpractice action, evidence of medical standard in the community may be established by testimony of the defendant physician. Robertson v. La Croix, 1975 OK CIV APP 14, 534 P.2d 17.
Whether a nurse may be considered a "qualified medical expert" for the purposes of ยง1-1708.1E is not critical to this decision and we do not decide that issue. In face of Defendants' motion for summary judgment, Plaintiff offered no facts to support her claim Dr. Waltner breached his duty to her. Neither did she present any facts to support her claim his treatment caused her injury .
In reviewing an order granting summary judgment, the appellate standard of review is de novo. This Court, like the trial court, will examine the pleadings and evidentiary materials submitted by the parties to determine if there is a genuine issue of material fact. Kirkpatrick v. The Chrysler Corporation, 1996 OK 136, 920 P.2d 122. A party resisting a motion for summary judgment may not rely on allegations of its pleadings or bald contentions that facts exist to defeat the motion for summary judgment. Gonser v. Decker, 1991OK CIV APP 64, 814 P.2d 1056. A ruling on a motion for summary judgment is to be made on the record which the parties have actually presented and not on the record which is potentially possible. Culpepper v. Loyd, 1978 OK 90, 583 P.2d 500. Plaintiff presented nothing to contradict Defendants' assertions. Accordingly, the order of the trial court granting summary judgment to Defendants is AFFIRMED.
BUETTNER, C.J., and JOPLIN, P.J., concur.
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