17th Oct 2016
In a Kansas medical malpractice case, we were not involved in, the plaintiff appealed from the grant of a summary judgment motion. A summary judgment motion is filed when one party believes there is no real issue concerning the actual important facts of the case. When the facts are undisputed then the Judge can decide the case based on the law which applies to these facts. In the case of Watkins vs. McGovern, the trial court granted the Motion.
The issue involved the presenting of expert medical testimony that the doctor’s negligence caused the injury. The plaintiff in a medical malpractice case must not only prove that the doctor’s care fell below the acceptable standard of care, but also that the failure caused the injury to the plaintiff. The plaintiff had an expert witness that wrote a letter saying the failure caused the injury, but later in his deposition, he backtracked and said he didn’t actually have enough information to come to that opinion.