Summary
The Georgia Court of Appeals reversed the dismissal of Christy Coll’s medical malpractice action against chiropractor John I. Kelly. The court held that the expert affidavit was sufficient under OCGA §§ 9-11-9.1 and 24-7-702(c)(2) to support allegations concerning Kelly’s failure to obtain and properly interpret an unobstructed X-ray, although the affiant was not qualified to opine on chiropractic treatment or causation arising from that treatment. The court remanded after concluding that dismissal of the complaint in its entirety was improper.
Court
Court of Appeals of Georgia
Jurisdiction
Georgia Court of Appeals
Decision date
May 22, 2026
Docket number
A26A0830
Disposition
reversed
Questions Presented
- Whether Dr. Royal was qualified under OCGA § 24-7-702 and OCGA § 9-11-9.1 to provide an expert opinion concerning Kelly's taking and reading of an X-ray.
- Whether Royal's affidavit sufficiently identified at least one negligent act or omission and its factual basis to satisfy OCGA § 9-11-9.1.
- Whether the trial court properly dismissed the complaint in its entirety where Royal was not qualified to opine on chiropractic treatment but was qualified to opine on the X-ray-related standard of care.
Holdings
- Under OCGA § 43-9-16(g), a chiropractor performing X-rays is held to the same standard of care as qualified medical doctors who perform the same procedure under similar circumstances. Accordingly, Royal could be qualified to opine on whether Kelly met the standard of care in taking and reading the X-ray, even though Royal was not a chiropractor.
- Royal's affidavit was sufficient under OCGA §§ 9-11-9.1 and 24-7-702(c)(2) because it identified Kelly's alleged negligent acts in taking only one X-ray while an obstruction remained and failing to obtain additional images, and supplied the factual basis for those allegations.
- The trial court erred by dismissing the complaint in its entirety because, although Royal was unqualified to opine on chiropractic treatment or causation arising from that treatment, his affidavit adequately supported the independent X-ray-related theory of professional negligence.
- Any challenge to dismissal of Coll's ordinary-negligence claim was abandoned because Coll made no appellate argument concerning that claim.
Court Document
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