Summary: Obstetrics & Gynecology (OB/GYN) Expert Witness testimony not allowed even though the expert testified that his opinion on the injuries were based on his own experience and expertise.
Facts: This case (RASCHELLE GOFF V KAREN L NIVER MD – State of Michigan – Court of Appeals – June 18th, 2019) involves a medical malpractice claim. The plaintiff argues that during the birth of her baby, she suffered three injuries. The plaintiff sued the defendant doctor and hospital alleging that the doctor violated the standard of case by not recognizing and surgically repairing a sphincter tear and retrovaginal tear following the delivery of her baby. The plaintiff hired Obstetrics & Gynecology (OB/GYN) Expert Witness Dr. Robert Dein to provide testimony on her behalf. The defendant filed a motion to exclude the expert witness testimony of Dr. Dein. The lower court granted the motion to exclude. This is the appeal.