Large Hospital Doctor Was Not Qualified As Expert In Goldsboro Medmal Case

A doctor who had practiced only in large hospitals did not qualify as an expert in a medical malpractice trial in Goldsboro, the Court of Appeals ruled April 3.
The doctor hadn’t shown sufficient familiarity with smaller communities like Goldsboro to be able to offer expert testimony on the applicable standard of care, the court held in an unpublished opinion.
The case, Crocker v. Roethling, (Lawyers Weekly No. 07-16-0460, 7 pages), affirms summary judgment for the defendants. In the process, it offers pointers in qualifying expert witness in medmal cases.
The decision was written by Judge Wanda Bryant, with Judges Douglas McCullough and Eric Levinson concurring.
Tragic Delivery
Ronald and Paulette Crocker had a baby, Reagan, on Sept.14, 2001. Dr. Roethling was the mother’s obstetrician at Wayne Women’s Clinic. There were problems in delivery. The baby suffered shoulder dystocia when her shoulder was lodged against the pelvis of her mother, inhibiting natural passage through the birth canal. Upon emerging, she had to be resuscitated. She sustained various injuries and died in September 2003.
The parents filed a medical malpractice suit in Johnston County Superior Court against Dr. Roethling and the clinic. After discovery, the defendants moved for summary judgment, which was granted in March 2006 by Judge W. Russell Duke Jr.
The parents appealed.
G.S. Sect. 90-21.12
An issue on appeal was the scope of G.S Sect. 90-21.12.
Under that statute, a plaintiff in a medmal lawsuit has the burden of showing the applicable standard of care. That must be accomplished by expert testimony that the defendant’s conduct “was not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action,” according to the statute.
Prior court cases have held that the “same or similar communities” standard could be met by showing familiarity with the experience and training of the defendant’s doctor, and familiarity with the physician skill and training, facilities, equipment, funding, and also the physical and financial environment of a particular medical community.
“Plaintiffs’ expert, Dr. Elliott, states in his affidavit that he is ‘familiar with the prevailing standard of care for handling shoulder dystocia in the same or similar community to Goldsboro, North Carolina in 2001,'” according to the opinion. “However, the record before this court does not include sufficient facts tending to support Dr. Elliott’s conclusion.… The only facts in the record as to his qualifications to give an opinion on the applicable standard of care in this case establish that he has practiced in much larger hospitals than that found in Goldsboro, North Carolina.
“Plaintiffs have thus not shown Dr. Elliott is familiar with a community that is similar to defendants’ community in regard to physician skill and training, facilities, equipment, funding, and also the physical and financial environment of a particular medical community,” the court wrote.
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