In
the case of Grizzanti v. Chiavacci, et
al., No. 2011 - CV - 5649 (C.P. Lacka. Co. Jan. 3, 2017 Nealon, J.), Judge Terrence R. Nealon
addressed several pre-trial issues in a medical malpractice case arising out of
the allege failure of the defendant physicians to properly treat vascular
injuries allegedly related to the plaintiff's fractured leg.
On one issue, the court found that
the qualifications of vascular surgeon were sufficient to allow that expert of
the Plaintiff address the standard of care applicable to an orthopedic surgeon
pursuant Section 512(e) of the MCARE Act in this case where it was asserted
that vascular surgery and orthopedic surgery were related fields of medicine
with respect to the type of injury alleged.
The court also found that the
Plaintiff could present both a vascular expert and an orthopedic expert as
witness at trial as their testimonies were deemed to be corroborative as
opposed to needlessly cumulative expert testimony where each expert would
approach the issues presented from the viewpoint of their own specialties.
Judge Nealon also ruled that the
requirement under Pa. R.C.P. 4003.5(c) for the production of pre-trial expert
reports was applicable only to expert opinion developed or acquired in
anticipation of litigation or trial, and inapplicable to the Plaintiff's treating
physician's opinions formulated prior to the filing of suit.
As such, the defense motions in
limine were denied,
Anyone wishing to review this Grizzanti Opinion issued by Judge Nealon may click this LINK.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.