DEFENDANT

The defendant in this case is a plan member and a spine surgeon who was sued for issues related to placement of spinal instrumentation for a cervical fracture. The patient had no neurological deficits and the instrumentation was placed according to the manufacturer’s instructions.

PLAINTIFF’S EXPERT

The expert witness in this case is a spinal surgeon who had been previously disciplined by the American Association of Neurological Surgeons. He also claimed to be a member of the North American Spine Society, though they had no record of his ever having been a member. The Expert had never used the instrumentation in question, nor could he produce any literature to support his criticism.

CASE OUTCOME

The medical malpractice case was dismissed several weeks prior to trial. The expert witness resigned from the Congress of Neurological Surgeons after the Congress began investigating claims related to frivolous testimony.

The Medical Licensing Board reviewed this case related to misstatement of credentials / professional affiliations.

The Central Judiciary Committee of the American College of Surgeons ruled that the expert witness testimony violated its bylaws, and he was formally disciplined by that organization.