The Vermont Supreme Court recently confirmed that notion in Taylor v. Fletcher Allen Medical Center, a case involving a woman who experienced complications arising from lumbar spinal surgery. But it is more than a truism; it is a rule of law that plaintiffs must present medical negligence evidence through an expert in the field who is knowledgeable and experience concerning the type of procedure and injury and familiar with the plaintiff’s medical records. The rule exists in the New England states and in most states in the U.S.
In the case, after the patient underwent the surgery, she experienced an accident in the hospital in which a nurse did not assist her appropriately during a bathroom visit. The woman fell. She experienced renewed physical pain. The woman asserted that the nurse was negligent, causing her to fall and re-injure her spine. She claimed that the fall caused a new injury causing her to experience severe physical and emotional pain. She also contended that the corrective surgery failed to adequately resolve her pre-surgery pain condition. Finally, she alleged that the hospital “covered-up” a key CT scan. Unable to find an attorney, she sued the hospital that performed the surgery on her own. Continue reading →