Mrs. Smith was pregnant and suffering from a very serious
condition known as eclampsia. Dr. Knowles failed to diagnose the
condition or prescribe a drug to treat. Mrs. Smith died.
Mr. Smith sued Dr. Knowles for medical malpractice.
The Trial Court found for Knowles and dismissed the case.
Smith appealed.
The Trial Court found that Smith failed to offer
sufficient expert evidence for the jury to consider claims of negligence
and causation.
The Appellate Court affirmed.
The Appellate court found that in order to establish a prima
facie case for medical malpractice, the plaintiff must:
Introduce expert testimony to show the appropriate standard
of care.
Introduce expert testimony to show that the doctor
deviated from the standard of care.
Show that the deviation directly resulted in the injury.
Smith unsuccessfully attempted to prove the case by
direct examination of Dr. Knowles and by introducing medical texts into
evidence.
Smith introduced no evidence to suggest that if Dr.
Knowles had diagnosed the condition earlier, the outcome would have been
different.
Since you can't cross examine textbooks, they can't be
used to provide expert testimony. It's hearsay.
