LITIGATE WITHOUT A MEDICAL EXPERT? DON'T TRY IT!

Attorneys and pro se plaintiffs sometimes think that their case is such a "slam dunk" that they don't need a medical expert. Don't make this mistake!
 
In Cole v. Atlantic Health Systems, Inc., Appellate Division, A-6320-03T2, June 20, 2005, the plaintiff's complaint was dismissed for failure to provide an expert report. Although a medical expert had been engaged to provide an opinion, he was forced to withdraw for health reasons, and plaintiff, counting on what she felt was a clear cut case of negligence, failed to engage a substitute medical expert in time.

WHEN YOU LOSE A TOE, YOU HAD BETTER FIND A MEDICAL EXPERT!

For plaintiff attorneys who believe that they can litigate medical malpractice without a medical expert, consider the following case:
 
Edmonds v. St. Francis Medical Center, Appellate Division, A-7109-03T5, May 20, 2005
 
The appellate court affirmed the lower court dismissal of the plaintiff's medical malpractice complaint for failure to provide an affidavit of merit. The plaintiff, whose counsel decided that a medical expert was not needed, had treatment for his toe, which became infected and led to gangrene, and then amputation. The trial court correctly dismissed the complaint because the plaintiff's claim involved issues that were not within the common knowledge of laypersons, including the proper standard of care for treating his particular condition and whether a deviation from the standard of care was a proximate cause of the loss of his toe.