Vivian Nall and Myrus Nall lodged a medical malpractice suit against Dr. Arash Arabi, alleging negligence in his treatment of Vivian's foot, resulting in the amputation of two toes and subsequent permanent damage. The other defendants initially involved in the lawsuit were voluntarily dismissed, leaving Dr. Arabi as the sole defendant.
The plaintiffs' appeal centers around the qualifications of their standard-of-care expert, Dr. Steven Krych, who was not certified by the American Board of Podiatric Medicine (ABPM) at the time he deposed and, therefore, the defendant argued, was not similarly situated to Dr. Arabi.
The trial court issued a summary judgment favoring Dr. Arabi, which was upheld by the Supreme Court of Alabama. The court ruled that the trial court didn't exceed its discretion in refusing to grant the plaintiffs additional time to substitute a new expert witness or in applying the standard set out in § 6-5-548(c) regarding expert witness qualifications.
$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
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