Some Medical Negligence is so obvious that an expert is not needed

Contrary to convential wisdom, an expert is not always needed in a medical negligence case since there are some deeds that even lay persons know are below the standard of care, and "]i]ndeed, a layperson would have no difficulty in recognizing Dr. Sharpe’s purported deviation from the standard of care in advising and undertaking to remove a gallbladder that he had previously removed. "

MATHENEY V.  SHARPE, MD
TORTS:  Medical negligence (no expert needed when negligent act was well within general knowledge of layperson; reversed trial court's dismissal per summary judgment)
2005-CA-001456
NOT PUBLISHED:  VACATING AND REMANDING (VANMETER)
DATE RENDERED:  10/13/2006

It is well-established that the burden of proof is upon the plaintiff in a medical malpractice case. Morris v. Hoffman, 551 S.W.2d 8 (Ky.App. 1977).

The negligence of a physician generally must be established by medical or expert testimony unless the negligence and “injurious results” are so apparent that a layperson with general knowledge would have no difficulty recognizing it. Id.; Johnson v. Vaughn, 370 S.W.2d 591 (Ky. 1963). See also Perkins v. Hausladen, 828 S.W.2d 652 (Ky. 1992).

In light of this admitted fact, we are of the opinion that the alleged medical negligence of both Dr. Sharpe and Dr. Schwab was well within the general knowledge of a layperson. Indeed, a layperson would have no difficulty in recognizing Dr. Sharpe’s purported deviation from the standard of care in advising and undertaking to remove a gallbladder that he had previously removed.

Moreover, we, likewise, believe that a layperson would have no difficulty recognizing Dr. Schwab’s purported deviation from the standard of care in reading Matheney’s ultrasound as a diseased gallbladder, when, in fact, no gallbladder existed. Simply put, the alleged medical negligence is such that expert testimony was simply unnecessary.

Comments

[john richey]

ii have filed a suit against a surgeon and after a year they say i have to have and expert witness. to show that he deviated from the standard of care when he failed to diagnose or treat me after i had surgery and was still complaining of persistant problem with my shoulder. i 3 orthopedics stating that i have tears and 3 radiologist stating the same fact the last of the 3 orthopedics recommends surgery to correct my shoulder

[DW]

Michael, You should see who is doing Judge Debra Lambert's "dirty work" for her! Tommy Owens, a prominent Chevy Car & Big Truck Dealer and Dix River Stone Owner, STOLE!!! about 30 SIGNS of Walter Maguire's, Lamberts opponent... The catch is, is he got caught on a cell phone CAMERA and it GOT PUBLISHED in the Interior Journal in STANFORD KY, Lincoln Co. Also gave chase in vehicle. 911 was called and went by, a State Trooper, *Damron* was waiting outside. As Owens drove by he yelled out obscenities, then came back. He was arrested for DUI and spent 8 hrs. in jail !! Buuut he's been arrested for *DOMESTIC VIOLENCE* before and NOT CONVICTED!!!... His Wife...Judge Debra Lambert... *FAMILY COURT*...