McCormick v. Avret , 154 Ga. App. 178 ( 1980 )

Smith, Judge.

Appellant brought a medical malpractice action alleging that appellee, Dr. Edwin T. Avret, damaged the radial nerve of appellant’s right wrist by failing to exercise due care in keeping sterile a needle used to draw a blood sample. Appellant asserts that the trial court erred in refusing to qualify as an expert witness a licensed nurse who "has drawn blood and given injections in numbers exceeding two thousand, and perhaps double that amount” and in granting appellee’s motion for directed verdict. We reverse.

1. Appellant bases her right to recovery on the theory that appellee’s failure to follow standard procedures for keeping a hypodermic needle sterile resulted in a severely infected radial nerve. Contrary to appellee’s contentions, there was sufficient evidence to present a jury question on whether appellant’s injury was the result of infection.

After appellee drew blood from appellant, the area from which blood was taken became swollen and tender. Appellee, a medical doctor, testified that he could not pinpoint the cause of the inflammation. However, appellee admitted that infection was one of several possible causes. Appellant testified that the hypodermic needle used to draw blood was laid next to a recently used tongue depressor. Appellant further testified that although several attempts were made to draw blood, the hypodermic needle was never resterilized. On the basis of his testimony, we conclude that a jury question was presented as to whether appellant’s injuries were the result of an infection.

2. Appellee contends that since he is a medical doctor, only another medical doctor is qualified to provide expert testimony as to what constitutes reasonable care in keeping sterilized a needle used to draw blood from a patient. We disagree.

In a medical malpractrice case, "the proof ordinarily required to overcome such presumption of care, skill, and diligence is that given by physicians or surgeons as expert witnesses. Pilgrim v. Landham, 63 Ga. App. 451 (4) (11 SE2d 420); Howell v. Jackson, 65 Ga. App. 422 (16 SE2d 45); 70 CJS 1006-1008, § 62; 41 AmJur 238, § 128.” (Emphasis supplied.) Shea v. Phillips, 213 Ga. 269, 271 (98 SE2d 552) (1957). Ordinarily, only a medical doctor has the training and experience necessary to provide meaningful testimony on the question of due care in a medical malpractice case. However, as appellee admits, the drawing of blood is not a procedure performed exclusively by medical doctors.¹ The sterilization and resterilization of the hypodermic needle used to draw blood is a basic part of that procedure.

Submitted November 19, 1979 Decided March 10, 1980 Rehearing denied March 31, 1980 Paul S. Weiner, P. J. Weiner, for appellant. Robert G. Tanner, for appellee.

It should be emphasized that the excluded testimony relates only to the proper procedure for keeping a hypodermic needle sterile. The testimony was not offered to establish a standard of care in the actual drawing of blood. Nor was it offered to establish a standard of care with respect to the diagnosis or treatment of an illness or injury.

The witness offered by appellant, a licensed nurse with training and experience in drawing blood, clearly qualifies as an expert in keeping a hypodermic needle sterile. She is no less an expert merely because the defendant in a particular case happens to be a medical doctor. We therefore conclude that the trial court abused its discretion in not permitting appellant’s witness to testify as to the standard of reasonable care in keeping sterile a hypodermic needle used to draw blood from a patient. See Brown v. State, 140 Ga. App. 160, 162-163 (230 SE2d 128) (1976).

Judgment reversed.

McMurray, P. J. and Banke, J., concur. Deen, C. J., and Shulman, J., concur specially. Quillian, P. J., Birdsong and Sognier, JJ., concur in part and dissent in part. Corley, J., disqualified.

1 Appellee testified that a nurse is normally responsible for drawing blood from his patients.