HAT Attorney Carl Hagwood Obtains Summary Judgment for Physician
The plaintiff called on an interventional radiologist from Chicago, Illinois, to serve as an expert, and the radiologist was tendered to give opinions on the standard of care for a board certified general surgeon. Following precedent from the Mississippi Supreme Court, the Circuit Court determined that the radiologist was not sufficiently familiar with the standard of care of a board certified surgeon, and, therefore, was not qualified to render an opinion. The court struck the testimony.
The court then granted the surgeon’s motion for summary judgment as a matter of law in favor of the surgeon on the grounds that the plaintiff had no expert witness to testify that the standard of care was breached.