The case is Ashland Hospital Corp. v. Lewis, http://opinions.kycourts.net/sc/2018-SC-000276-DG.pdf (8/29/2019). The defendant, an interventional radiologist, performed a cerebral angiogram to assist in diagnosing the cause of the plaintiff’s chronic headaches. A recovery room nurse told the defendant that the plaintiff was complaining of headache and scotoma (spots in his field of vision). These symptoms may indicate a stroke, but they also are not uncommon after a cerebral angiogram.
Historically, professional sports has not been viewed as a field rich in opportunities for litigation (Flood v. Kuhn notwithstanding). Over the past few decades, however, there has been a substantial increase sports-related litigation, which in turn has provided ample opportunities for experts to assist both plaintiffs and defendants.
As in any professional malpractice litigation, the plaintiff in a legal malpractice case must present expert opinion testimony to establish that the defendant breached the standard of care. Unlike other professional malpractice cases, however, the causation issue in a legal malpractice case – namely, whether the client would have achieved a better result if the attorney had handled the matter properly – almost always presents a question of law, and such questions are not a proper subject for expert testimony. As a federal court of appeals tartly observed, “Each courtroom comes equipped wi
I’m sure our readers will remember the multiple lawsuits filed against Ford in 2013, with attendant heavy media coverage, claiming that certain Ford vehicles were prone to unintended acceleration (UIA). The cases were consolidated in the U.S.
Vident Partners provides both consulting and testifying experts for all types of litigation. When an expert in a highly specialized field is needed, we often work with strategic partners, one of which is Flatwater Forensics. Below is a white paper from Flatwater discussing the advantages of engaging a consulting expert at the earliest stage of litigation. We are confident that our clients will find it of interest.
Material for a law-related blog sometimes comes from an unexpected source.
The South Dakota Supreme Court recently upheld summary judgment against the plaintiff in an auto accident case who failed to submit an affidavit from a medical expert on the issue of causation. Cooper v.
A recent opinion of the US Court of Appeals for the Seventh Circuit, Kopplin v. Wisconsin Central Limited, http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D02-01/C:17-3602:J:Sykes:aut:T:fnOp:N:2286594:S:0, is an excellent reminder that a case can fail without a well-chosen and properly prepared expert witness.
Many states require the plaintiff’s expert in a medical malpractice case to be board certified in the same specialty as the defendant. The dire consequence of an attorney’s failure to meet this requirement precisely was recently demonstrated in Shadrick v. Grana (https://acis.alabama.gov/displaydocs.cfm?no=907441&event=5BT0M4P9Y).