Idaho Supreme Court Allows Neurosurgeon to Testify
The Idaho Supreme Court reversed the district court and allowed neurosurgery expert witness Dr. Edward Smith to testify in a case involving a woman who fell into a coma after receiving an infusion of chemicals through a catheter instead of an intravenous line due to a nursing error. Weeks vs. Eastern Idaho Health Services.
The Idaho Supreme Court, in an opinion written by Chief Justice Gerald Schroeder, noted that Dr. Smith was a neurosurgeon of considerable experience. He therefore qualified as an expert witness, the court decided.
As reported in Legal Newsline:
"The district court erred in failing to admit Dr. Smith's testimony as to the mechanical effects of the infusion because he based his testimony upon sound scientific principles," Schroeder wrote."It also erred in holding that Dr. Smith's testimony was not admissible regarding the chemical effects because the adverse effects can be inferred from the facts known to Dr. Smith," Schroeder added.
The case was remanded.
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