Fine Law Firm
Fine Law Firm
  • Home
  • About the Firm
    • Firm Overview
    • Meet Our Attorneys
    • Common Questions & Answers
    • Blog
    • Videos
  • Practice Areas
    • Vehicle Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Workplace Accidents
    • Truck Accidents
    • Wrongful Death
    • View All+
  • Locations
    • Alamogordo
    • Carlsbad
    • Clovis
    • Farmington
    • Gallup
    • Hobbs
    • Las Cruces
    • Rio Rancho
    • Roswell
    • Santa Fe
  • Results
    • Case Results
    • Testimonials
  • Compare Our Fees
  • Contact Us
24/7 AvailabilityFree Consultation Hablamos Español
Contact Us Hablamos español (505) 889-3463

At Fine Law Firm,
Your Case is Personal

Free Consultation

Medical Malpractice Case Dismissed Based on Lack of Expert Testimony

Free Consultation
December 1, 2015 | Posted in Firm News, Medical Malpractice

Earlier this month, an appellate court in Alaska heard a case brought by a patient against his doctor, alleging that the doctor’s failure to provide an acceptable level of medical care resulted in a permanent injury. In the case, Brandner v. Pease, the plaintiff was a patient who underwent open heart surgery that was performed by the defendants. Ultimately, the court determined that the plaintiff’s lack of expert testimony supporting his allegations was fatal to the claim’s viability, and the case was dismissed.

The Facts at Trial

At trial, the court heard that the plaintiff went to the defendants for open heart surgery. While the plaintiff seemed to be recovering well immediately after the surgery, eventually he developed a series of long-term injuries that resulted in the plaintiff not being able to return to work. The plaintiff sued the doctors and anesthesiologist involved in his procedure.

As is required by statute in Alaska, the plaintiff submitted an affidavit from a medical expert, explaining that in the expert’s opinion, the medication used to anesthetize the plaintiff likely contributed to the complications. Additionally, the expert claimed that the plaintiff’s condition was likely worsened by the doctor’s difficulty in securing the plaintiff’s airway and the doctor’s failure to use a TEE probe in the procedure.

However, in a later deposition, the doctor the plaintiff relied on in his affidavit was discovered to not be qualified in the use of TEE probes, and, while the doctor was an anesthesiologist, he had not practiced cardiovascular anesthesiology since 2001. In the deposition, the doctor also categorized the level of care as “sub-optimal,” but he refused to state that the defendants’ conduct fell below the acceptable standard of care.

The defendants asked the court to disallow the expert’s testimony, based on the fact that he was not a certified physician in the field and the fact that, even if the court did consider the doctor’s opinion, he did not state that the defendant’s conduct fell below the acceptable standard of care. The court agreed and dismissed the plaintiff’s case.

Medical Malpractice Cases in New Mexico

Unlike Alaska, New Mexico does not require an expert affidavit prior to submitting a case for trial. However, expert selection in New Mexico medical malpractice cases is still a crucial issue because an expert will almost certainly be required at some point in the trial. Having an unqualified expert, or an expert who is not specifically qualified in the medical field at issue, can result in the dismissal of an otherwise meritorious case.

Have You Been the Victim of Medical Malpractice?

If you or a loved one has recently been the victim of what you believe to be medical malpractice in New Mexico, you may be entitled to monetary compensation. Keep in mind, however, that the doctors and hospitals named in medical malpractice cases are usually represented by insurance companies who retain specialized counsel to defend their clients. Therefore, you should be sure you have someone on your side to stick up for your rights. The skilled advocates at the Fine Law Firm understand what it means to be a victim of medical malpractice, and they tailor their representation according to each client’s needs. Call 505-889-FINE to set up a free consultation with an attorney today.

More Blog Posts:

New Mexico Woman Fatally Struck While Crossing the Street, New Mexico Personal Injury Lawyer Blog, November 24, 2015.

National Highway Traffic Safety Administration Announces New Technology, Soon to Be Required on All Vehicles, New Mexico Personal Injury Lawyer Blog, November 10, 2015.

Request FREE
Consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.

Recent Posts

  • Fine Law Firm Requests Investigation Into Gustavo Gomez’s IAFD Tenure
  • Albuquerque’s Toxic Police Subculture
  • Filing an Amazon Accident Claim
  • Evidence You Need for Your E-Scooter Accident Claim
  • Do You Need Insurance Coverage to Ride an E-Scooter in New Mexico?

Categories

  • Aggressive Driving
  • Auto Accidents
  • Bicycle Accidents
  • Bike & Pedestrian Accidents
  • Brain Injury
  • Burn Injury
  • Bus Accidents
  • Car Accidents
  • Catastrophic Injury
  • Construction Accidents
  • Dog Bite
  • Drunk Driving
  • E-Scooter Accidents
  • Firm News
  • Government Liability
  • Insurance Companies
  • Legal Research
  • Legal Terminology
  • Medical Malpractice
  • Motorcycle Accidents
  • New Mexico Laws
  • Nursing Home Abuse
  • Oddities
  • Pedestrian Accidents
  • Personal Injury
  • Personal Injury FAQs
  • Personal Injury News
  • Personal Injury Verdicts
  • Police Brutality
  • Premises Liability
  • Product Liability
  • Relevant Personal Injury Case Law
  • Rideshare Accident
  • Slip & Fall
  • Spinal Injuries
  • Sporting Injuries
  • Traumatic Brain Injury
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorist
  • Work Place Injury
  • Wrongful Death

Archives

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
Risk-free guarantee

Contact us for your free consultation

Risk-free guarantee

Contact us for your free consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.
This field is for validation purposes and should be left unchanged.

Faqs
In selecting injury attorneys, the client should consider the following questions:

Do the attorneys have a history of winning cases like mine?

Do I trust the attorneys to act in my best interest rather than their own?

How do the attorneys’ fees compare with others?

View more faq’s
Fine Law Firm
Hablamos Español
Contact Us Hablamos español (505) 889-3463
Fax (505) 242-2716
Our Office Locations
Our Albuquerque Office
220 9th St NW
Albuquerque,
NM 87102
Get Directions

Copyright © 2025 by Fine Law Firm

  • Disclaimer
  • Privacy Policy