Betty Collins filed an appeal against Ricardo Herring, D.C., and Herring Chiropractic Center, LLC, claiming damages due to alleged medical malpractice. She said she received an improperly administered cold pack during a treatment at the center which resulted in scars on her knee.
The defendants argued that Collins had not provided any evidence that her treatment was substandard, and also claimed she had not appointed a required expert witness. However, Collins argued that her case was simple enough to be understood by a layperson and didn't require an expert witness. the Supreme Court of Alabama, viewing the evidence most favorably for Collins, reversed and remanded the summary judgment in favor of the defendants.
Standard of Care Expert Not Certified by same Medical Board as Defendant and Not Similarly Situated
$300,000 Judgment Reversed: Nurse Did Not Qualify as a Similarly Situated Health Provider Given Lack of Experience with Similar Patients
A Prospective Expert Should Be Board-Certified at the Time of Testimony
Expert Not Required where a Pharmacy Dispenses Incorrect Medication
Standard of Care Expert Excluded for not being a "Similarly Situated Healthcare Provider"
Medical Chart Was Not Required to Be Attached to Affidavit
Plaintiff's Failed to Present Expert Testimony that Nurses Breached Applicable Standard of Care
Only an Expert can Explain the Standard of Care and Whether it was Breached
Expert's Affidavit did nto Contradict Deposition Testimony as they were Based on Separate Sets of Facts