Conclusion We merely reiterate that, on the stated bases, the trial court abused its discretion in excluding appellant s experts on the issue of causation. Zoarski, the court found that he eviscerate[d] his own qualifications when he admitted that [h]ow she s mobilized [sic] and the specifics of how that is done is not within my expertise.
The Court of Appeals, having determined that the trial court applied an erroneous legal standard in excluding the expert s testimony, stated: She would not have suffered the spinal cord injury that she suffered had it been appropriately stabilized and immobilized.
Regarding the first requirement, concerning the witness s qualifications to offer expert testimony, a trial court should consider whether the expert has special knowledge of the subject on which he is to testify that he can give the jury assistance in solving a problem for which their equipment of average knowledge is inadequate.
Zoarski was discussing that the March 9 films revealed a spinal cord injury that was not present on March 6, and how immobilization could have prevented that injury: Appellant argues that [t]he trial court s conclusion that Dr.
Afzal, showed a fracture of the T10 vertebra and a possible fracture of the T9 vertebra with associated hematoma and malalignment. In that regard, appellees cite the following portion of Dr. Prior to trial, the remaining parties entered into a stipulation whereby Dr.
Moreover, insofar as Dr. How long really is immobilization until there s fixation. This and information supplied to him entitles him to express an opinion. See Radman, Md. Manders s qualifications enabled him to opine that without paralysis and the concomitant neurological deficit, the fusion, whether through bracing or spinal surgery, would likely have been successful.
The events giving rise to this appeal occurred shortly before trial, when appellees moved to strike or preclude the testimony of three of appellant s expert witnesses. So I have, you know, a reasonably good idea, even though I m not the one doing the surgery.
Reynolds, seventy-seven years old at the time of her fall, was suffering from osteopenia, a condition involving low bone mineral density, and ankylosing spondylitis, also known as bamboo spine, which is a type of arthritis that affects the joints in the spine and pelvis.
Responsive surgery ultimately proved to be unsuccessful, and Ms. Manders s testimony, a factual basis for expert testimony may arise from a number of sources, Sippio, Md. Reynolds s inability to heal following her spinal fusion surgery and, thus, a likely cause of the staph infection that ultimately caused her death.
Reynolds s estate, against Dr. Reynolds developed an enterococcus and staphylococcal infection at her surgical site. Reynolds s paralysis on her ability to heal from her spinal surgery. As a result, the Court concluded that the trial court abused its discretion in excluding the internist s testimony on the basis that he was an internal medicine specialist and not a gynecologist or surgeon.
Gaber is an experienced internist, there certainly exists the possibility, if not probability, that Dr. Manders s answers to questions on cross examination may be very effective in terms of his credibility before a jury, they do not disqualify him from testifying.
Appellees asserted that none of the witnesses were qualified to express an opinion on issues of causation. As a result, Dr. Manders opined that immobilizing Mrs. As I understand then, also then, ultimately the issue is paralysis.
And do you have an opinion as to how long she should have been immobilized and in what method she should have been immobilized, or would you defer to the orthopedists and neurologists on that.
Manders s expected testimony relates to the causal relationship between the failure to immobilize Mrs. The parties disagree as to whether the results of the CT angiogram were ever reported to Dr.
Zoarski s depositions were discovery depositions. See Wolfinger, Md. On the Differences between Chinese and American Family Education I.
Introduction Nowadays, family education has become the most important part in the whole education. Rizwana T. Afzal, MD is a practicing Diagnostic Radiologist in Frederick, MD. Dr. Afzal graduated from Dow Medical College University of Karachi in an.
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