The case revolves around Regina D. Hannah's appeal from a summary judgment entered by the Etowah Circuit Court in favor of Michael J. Naughton, M.D., and others. Hannah's claims of medical malpractice were based on the argument that Dr. Brickman, her chosen expert, did not need to be board-certified in general surgery at the time of his testimony.
Hannah's misrepresentation claim was founded on the alleged lie that she had cervical cancer and the only treatment option was a full hysterectomy. After analyzing the circumstance and Hannah's claim, the court affirmed that a proposed expert should be board-certified at the time of testimony and that Hannah’s claims require beyond layperson's common knowledge, which necessitates expert testimony. Her request for more time to find a new expert was also turned down, which lead to the affirmance of 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
Plaintiff Argued Case was Simple Enough to be Understood by Lay Person - Summary Judgment Reversed
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