medical malpractice expert qualifications Archives - Page 2 of 2

Florida Appellate Court Reinstates Medical Malpractice Case Involving Dispute Over Expert Qualifications

January 3, 2023

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) stated in its September 23, 2022 opinion: “Because Ms. Martinez’s expert affidavit satisfies the “same specialty” requirement and because she provided the expert affidavit prior to[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

Kentucky Appellate Court Affirms Summary Judgment For Medical Malpractice Defendants Where Plaintiff Failed To Qualify Its Expert To Render Causation Opinion

September 9, 2022

In its unpublished opinion rendered on June 3, 2022, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) affirmed a trial court’s granting summary judgment to the defendants in a medical malpractice case where the plaintiff’s medical expert was a nurse [...]

Idaho Supreme Court Revives Medical Malpractice Case Based On Expert Testimony As To Community Standard Of Care

November 10, 2020

The Supreme Court of the State of Idaho (“Idaho Supreme Court”), in its opinion dated October 19, 2020, held: “Hammerman’s opinion as to the community standard of care in Coeur d’Alene was admissible on summary judgment because the Dlouhys demonstrated that he had actual knowle[...]

Minnesota Appellate Court Holds Plaintiff’s Experts Were Unqualified To Render Opinions In Medical Malpractice Case

June 4, 2019

In its unreported opinion filed on May 20, 2019, the State of Minnesota Court of Appeals (“Minnesota Appellate Court”) overturned the jury’s $2.5 million verdict in favor of the plaintiff in her Minnesota medical malpractice case, holding that the plaintiff’s experts were unq[...]

Florida Supreme Court Revives Medical Malpractice Wrongful Death Case Involving Woman Who Died 3 Days After Giving Birth

October 1, 2018

The Supreme Court of Florida (“Florida Supreme Court”) held in its 4-to-3 opinion filed on September 6, 2018 that (1) where the facts regarding the presuit expert’s qualifications are unrefuted, the proper standard of review of a trial court’s dismissal of a medical malpractice actio[...]

Virginia Supreme Court Rules Plaintiff’s Medical Malpractice Expert Qualified To Give Her Opinions

April 5, 2018

In its opinion filed on February 22, 2018, the Supreme Court of Virginia (“Virginia Supreme Court”) ruled that the circuit court abused its discretion when it refused to qualify the Virginia medical malpractice plaintiff’s only proposed expert witness under Code § 8.01-581.20. In a ca[...]

South Carolina Supreme Court Holds Affidavit From Expert In Related Field Sufficient In Medical Malpractice Case

March 14, 2018

The South Carolina Supreme Court held in its decision issued on February 28, 2018 that the South Carolina medical malpractice plaintiff’s expert affidavit from a doctor who is not certified in or does not practice in the same area of medicine as the defendant doctor, but otherwise possesses sp[...]

Michigan Appellate Court Holds Nurse Practitioner Cannot Testify As To Registered Nurse Standard Of Care

December 25, 2017

The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its December 12, 2017 published opinion involving a Michigan birth injury medical malpractice case that a nurse practitioner who spends the majority of her time practicing or teaching pursuant to her specialty ce[...]

Georgia Supreme Court Discusses Medical Expert Qualifications In Medical Malpractice Cases

July 27, 2015

The Supreme Court of Georgia issued an opinion on July 13, 2015 discussing Georgia’s requirements concerning medical experts who testify in Georgia medical malpractice cases: in particular, what sort of experience is required of a practicing surgeon who is offered as an expert witness in a [...]

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Tag: medical malpractice expert qualifications