Dubois et al.v.Brantley et al.
David Dubois developed severe complications after Dr. Damon Brantley performed laparoscopic surgery to repair an umbilical hernia, including a pancreatic puncture, pancreatitis, respiratory and renal failure, sepsis, a coma, and additional surgeries. Dubois and his wife sued for medical malpractice and submitted an expert affidavit from Dr. Steven Swartz, a practicing general surgeon who had performed many abdominal laparoscopic procedures but no more than one laparoscopic umbilical-hernia repair in the preceding five years. The trial court declined to dismiss the complaint or grant summary judgment on the ground that Swartz lacked the experience required by Georgia Evidence Rule 702(c)(2)(A). The Court of Appeals reversed as a matter of law. The Georgia Supreme Court reversed the Court of Appeals. It held that expert qualification turns on whether the witness has an appropriate level of knowledge for the particular opinion, considering the scope of the alleged negligence, the proposed testimony, and the similarities between the challenged procedure and the expert’s experience. Because Swartz regularly inserted primary trocars in other abdominal laparoscopic procedures and the record did not show that the technique was materially unique to umbilical-hernia repair, the trial court could find him qualified to testify about the trocar insertion. The decision did not authorize testimony on other aspects of the surgery. All Justices concurred.
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