Wednesday, January 4, 2017

Judge Nealon of Lackawanna County Addresses Expert Witness Issues In Med Mal Case

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.

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