I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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Mississippi Supreme Court decision, 4/30: Experts in Med Mal cases

The Mississippi Supreme Court published one opinion today, McDonald v. Memorial Hospital at Gulfport, a divided opinion in which the court split 7-2, with Carlson in the majority and Kitchens dissenting, joined by Graves.  The opinion splits over qualification of expert witnesses used by the plaintiffs in a medical malpractice action.  The suit was against a gastroenterologist; the plaintiff listed as experts a pathologist and a pathologist/pyschiatrist.  Reading between the lines, it appeared that the pathologist/psychiatrist had not dealt with intubation and the like since his residency in the sixties.  While the majority opinion acknowledged the rule that experts need not have the same speciality as the doctors being sued, the majority holds that these experts didn’t know enough about the area of specialty.  Kitchens dissent states the rule, apparently national, that the experts need not have the same specialties, and argues that the majority is applying a far narrower rule on this issue than any other state, and also a narrower rule than Mississippi’s earlier case law would support.  He also argues that Mississippi this is part of a trend in Mississippi cases, and that the trend is in error.

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