DEFENDANT

Eleven physicians and a hospital were sued individually for care rendered to a patient with acute fulminant pancreatitis. This medical malpractice case had been terminated prior to purchase of Medical Justice membership.

PLAINTIFF’S EXPERT

The expert hired to testify in this medical malpractice case was a neurologist. However, pancreatitis is a condition that is generally not treated by neurologists and is outside their traditional domain of expertise. The “expert” claimed that all parties were negligent, and he signed an affidavit stating that the patient died of hypoxic encephalopathy (H.E.), or lack of oxygen to the brain. However, all humans ultimately die from H.E. regardless of their medical condition. The testimony helped plaintiff’s counsel extract nuisance settlements from each physician.

CASE OUTCOME

Because of the egregious content of the affidavit, a complaint was prepared and sent to the American Academy of Neurology and the Florida Board of Medicine. The expert resigned his membership while the complaint was pending.