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Verdicts

Doctor May Not Testify As Expert Without Proper Notice

Writing for a unanimous appellate panel, Judge Morgan E. Welch said that Arkansas' Pulaski County Circuit Court did not err in limiting the testimony of a medical malpractice plaintiff's doctor to his own factual observations and not permitting him to serve as an expert witness after finding that the plaintiff did not inform the defendant that the witness would offer expert testimony and after also finding that the doctor had stated under oath that he did not intend to offer any expert opinions in the matter. Corbin v. Baptist Health Inc., 2016 Ark. App. 212 (4/20/16).

The plaintiff underwent a total thyroidectomy at Little Rock, AR's, Baptist Health Medical Center. During recovery in an observational unit at the hospital, the patient stopped breathing. Doctors discovered that there was a blood clot obstructing the plaintiff's airway, so she was immediately operated upon and the clot removed. Unfortunately, the plaintiff suffered continuing cortical blindness, a type of whole or partial blindness caused by a brain injury.

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