The plaintiff, Diane Rayburn, filed a medical malpractice lawsuit against the Wade Chiropractic Clinic and Dr. Thomas Zink for an injury to her jaw allegedly caused by negligent chiropractic care. The defendants filed two motions: for summary judgment (arguing there was no genuine issue of fact), and to strike the affidavit of Rayburn's expert, Dr. Triano, which contradicted his prior deposition testimony.
The trial court denied both motions, and the defendants appealed to the Alabama Supreme Court. The supreme court affirmed the lower court's decision, ruling that the expert's affidavit did not contradict his deposition testimony as they were based on separate sets of facts.
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
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