Carol Dillon wins summary judgment for medical providers based on deposition of Plaintiff's expert

Carol Dillon wins summary judgment for medical providers based on deposition of Plaintiff's expert
11/15/2013

Carol Dillon recently received summary judgment for three medical providers based largely on her deposition of the Plaintiff's expert. Carol represented three doctors in a correctional setting and the medical condition at issue was a transgendered female who needed certain supplies to maintain the integrity of an elective procedure. Carol prevailed at the Medical Review Panel and Plaintiff pursued the case in state court. Plaintiff provided an Affidavit from her sex reassignment surgeon from out of state, who opined that the medical providers breached the standard of care by not providing certain supplies. Carol then deposed Plaintiff's expert, forcing him to admit that many statements in his Affidavit were not really true, including that he had not reviewed all of Plaintiff's medical records, that he had knowledge of the standard of care for a correctional setting, and that he had no specific information about how correctional medicine could differ from private medicine. Plaintiff's expert had to recant several opinions in his Affidavit when confronted with medical records that belied Plaintiff's allegations. After Plaintiff's expert's deposition, Carol filed a summary judgment motion, arguing tht Plaintiff's expert had no knowledge of the standard of care for a correctional setting and he could not therefore refute the opinion of the Medical Review Panel. Plaintiff tried to rehabilitate her expert with a supplemental Affidavit, in which he claimed he did not understand Carol's deposition questions and really meant something else when he answered Carol's questions. The Court granted Carol's summary judgment motion, holding that Plaintiff's expert's answers to Carols's deposition questions clearly showed that he was not a correctional medicine expert and the issue in the case was unique to correctional medicine and he could not recant deposition testimony with a supplemental affidavit. For more information on this case, please email Carol Dillon at carol@bleekedilloncrandall.com.

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