In most medical malpractice cases filed in Maryland it is critical for the plaintiff to present expert testimony to establish that the defendant care provider is liable for the plaintiff’s harm. In many cases, the defendant will try to argue that the plaintiff’s expert is not qualified to offer an opinion on the disputed issues, or that the expert failed to establish that the defendant deviated from the standard of care, in an effort to preclude the expert from testifying at trial. If a defendant does not properly preserve its objection to a plaintiff’s expert’s testimony, however, the defendant may waive the right to object. This was demonstrated in a recent case in which the Court of Special Appeals of Maryland overturned a trial court ruling a plaintiff’s expert could not testify at trial. If you were harmed by inadequate medical care, it is critical to retain a skilled Maryland medical malpractice attorney to fight to protect your interests.
Procedural History of the Case
Allegedly, the plaintiff filed a medical malpractice lawsuit against the defendant due to the defendant’s failure to diagnose the plaintiff with oral candidiasis in a timely manner. Prior to trial, the defendant moved to preclude the plaintiff’s expert from testifying on the grounds that the expert did not define the applicable standard of care during his deposition. The court granted the defendant’s motion and dismissed the plaintiff’s case, as the doctor that was prohibited from testifying was the plaintiff’s only expert witness. The plaintiff appealed, arguing that the trial court erred in excluding her expert’s testimony.
Expert Qualifications in a Medical Malpractice Case
Pursuant to Maryland Rule 2-415(h), certain objections are waived if they are not made during a deposition. For example, objections to the competency of a witness, or the relevance or materiality of testimony are waived if they are not made during a deposition, and an objection would enable the opposing party to remove or eliminate the grounds for the objection. In the subject case, the plaintiff argued that the defendant failed to object to the plaintiff’s expert’s testimony during his deposition and therefore waived the right to object. Continue Reading