Janice McGill and her husband Timothy filed a medical malpractice lawsuit against Dr. Victor Szymela after a failed temporomandibular-joint total-replacement surgery, which caused Janice severe pain and other complications. The McGills argued that Dr. Szymela failed to perform the surgery correctly and breached the standard of care for an oral and maxillofacial surgeon.
The trial court ruled against the McGills, the verdict was in favor of Dr. Szymela, and their key witness was excluded for not being a "similarly situated health care provider". The McGills appealed the decision arguing the court’s error in excluding their expert witness and the partial judgment given as a matter of law. The Alabama Supreme Court upheld the trial court's decision, agreeing with the exclusion of their expert witness and the partial judgment. The court stated that the McGills did not present substantial evidence to establish the standard of care for the surgery and affirmed the judgment of the trial court.
Remanded to Determine if Failure to Perform Ultrasound Prior to Surgery was Negligence
Supreme Court Ordered Trial Court to Determine Whether a Valid Arbitration Agreement Existed
Sexual Misconduct Fell within the Alabama Medical Liability Act. Testimony from Other Alleged Victims was Prohibited.
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
Plaintiff Argued Case was Simple Enough to be Understood by Lay Person - Summary Judgment Reversed
Expert Not Required where a Pharmacy Dispenses Incorrect Medication
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