3/01/07 (ID):
Idaho Supreme Court Rules Expert Qualified
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A medical malpractice lawsuit against a regional Idaho medical center can proceed after all, the Idaho Supreme Court ruled yesterday. The Supreme Court's decision overruled a district court decision to grant summary judgment to the Eastern Idaho Regional Medical Center (EIRMC) in Weeks v. Eastern Idaho Health Services (no. 32458).
The case concerns Evelyn Weeks, who fell into a coma after receiving an infusion of chemicals through a catheter instead of an intravenous line due to a nursing error. EIMRC admitted that the error violated its standard of care.
The district court originally granted EIMRC summary judgment after deciding that the case required expert testimony to prove causation. It also ruled that the Weeks' expert, Dr. Edward Smith, was "not competent" to testify on the effect the error had on Mrs. Weeks and so dismissed his testimony.
But the Supreme Court disagreed, noting that Dr. Smith was a neurosurgeon of considerable experience. He therefore qualified as an "expert" witness, the court decided. Chief Justice Gerald Schroeder wrote the unanimous opinion.
"The district court erred in failing to admit Dr. Smith's testimony as to the mechanical effects of the infusion because he based his testimony upon sound scientific principles," Schroeder wrote.
"It also erred in holding that Dr. Smith's testimony was not admissible regarding the chemical effects because the adverse effects can be inferred from the facts known to Dr. Smith," Schroeder added.
The Supreme Court remanded the case and ordered costs for the Weeks.
© X-Pro 2007
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