Banning expert testimony from liability cases: Court decides

< p > Can trial courts block physicians ’ expert witnesses from testifying in medical liability cases? One Wisconsin court recently did, leaving it to the court of appeals to decide whether a physician defendant has the right to present expert testimony that differs from that of the plaintiffs.   < /p > < p > At stake in < em > Bayer v. Dobbins < /em > was whether trial court had properly excluded expert testimony regarding injuries to a newborn that had resulted in complications in the birthing process. < /p > < p > < strong > What happened in Wisconsin < /strong > < /p > < p > Leah Bayer was delivering her child under the care of Brian D. Dobbins, MD, when the progress of the delivery slowed and she began to show signs of exhaustion. Dr. Dobbins made the decision to use a vacuum to advance the child down the birth canal. < /p > < p > The child ’s shoulder became stuck inside the canal, causing shoulder dystocia, a condition in which the fetal shoulder becomes lodged on the maternal pelvis. A shoulder dystocia is considered an emergency because it can lead to compression of the umbilical cord, which can compromise blood flow and oxygen s upply to the child. < /p > < p > After using two “traction” maneuvers, Dr. Dobbins was able to successfully deliver the child. But the child had reduced movement of her right arm and was ultimately diagnosed with a permanent right brachial plexus injury—which severely limited her ability to use her right arm and hand. <...
Source: AMA Wire - Category: Journals (General) Authors: Source Type: news