The patient, Dimitrios Critopoulos, was admitted to Springhill Memorial Hospital for a heart catheterization and subsequent cardiac-artery-bypass graft surgery. After the surgery, a discoloration and a blister were found on Critopoulos's body, which were diagnosed as a pressure ulcer. Critopoulos sued Springhill Hospitals, Incorporated, and the nurses involved, claiming a breach of the standard of care by not taking preventative measures against pressure ulcers.
The trial court ruled in favor of Critopoulos, awarding him $300,000. The hospital and nurses appealed, arguing the court misapplied the standard of care specific to post-cardiac surgery patients and improperly allowed testimony from a nurse not similarly situated in expertise.
The Supreme Court of Alabama reversed the judgment, agreeing that the nurse did not qualify as a "similarly situated health care provider" given her lack of specific experience with similar patients, and that her testimony should have been excluded.
Standard of Care Expert Not Certified by same Medical Board as Defendant and Not Similarly Situated
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