Md Appellate Ct: Experts Do Not Have To Be In Same Specialty In Med Mal Cases
In a June 6th opinion in the case of Brian C. DeMuth, et al. v. Walter William Strong, the Maryland Court of Special Appeals found that a vascular surgeon could testify as an expert that an orthopedic surgeon had breached the standard of care in his treatment of the plaintiff and that the breach had caused plaintiff’s injuries. The case involved a vascular complication post-operatively.
In the Circuit Court for Cecil County Md., Walter William Strong, the appellee, sued Brian Charles DeMuth, M.D., and Brian C. DeMuth, M.D., P.A., (collectively, “Dr.DeMuth”), the appellant, for medical malpractice. Dr. DeMuth is a board certified orthopedic surgeon. The case was tried before a jury for four days. Over objection, Mr. Strong called a board certified vascular surgeon as an expert witness; that expert testified that Dr. DeMuth had breached the standard of care in his treatment of Mr. Strong and that the breach … (Continued...)