Judge to hear Fairchance man’s malpractice case
A panel of Superior Court judges has reversed a Fayette County judge’s order dismissing a medical malpractice case brought by a Fairchance man, sending the case back to Fayette County for consideration.
Robert “Ted” Pritchard filed the suit against Dr. Mark A. Happe of Southwest Endoscopy Center in August, claiming Happe misdiagnosed him with a pre-cancerous condition of his colon two years prior. Pritchard contends he suffered “grievous mental anguish, anxiety, a loss of plaintiff’s usual habits, enjoyment, social, recreational and personal endeavors” while under the belief for about eight months that he had this condition, which would have required surgical treatment.
Judge Nancy D. Vernon dismissed the case after Pritchard informed the court he did not intend to produce testimony from medical experts on his behalf. Although Pritchard argued a layperson would be able to weigh the evidence without the aid of expert testimony, Vernon disagreed.
The appellate court noted that in malpractice suits, expert medical testimony is usually necessary, but not always.
Superior Court Judge John T. Bender wrote a dissenting opinion on the matter, concluding that Vernon made the correct decision to dismiss the case in the preliminary phase.
“Although a ‘very narrow exception’ obviates the need for expert testimony ‘where the matter is so simple or the lack of skill or care so obvious as to be within the range of experience and comprehension of even non-professional persons,’ this matter does not present such a case,” Bender wrote.
Bender called the litigation “pointless” and wrote that he believed that allowing Pritchard to move forward “unnecessarily ‘kicks the can down the road,’ as it ignores the legal deficiency that (Pritchard’s) certification creates right now.”