June 20, 2018
The firm recently prevailed in the MS Court of Appeals in a ruling in favor of a physician client. In a significant case regarding the use of expert witnesses in medical malpractice lawsuits, Jimmy Heidelberg and April McDonald represented a doctor in the case of Yerks v. Trest, 2016-CA-00931 decided June 12, 2018. After the trial court granted our client’s summary judgment, an appeal was taken challenging the use of an expert witness by the plaintiff. The Court of Appeals affirmed in a 9-0 ruling finding the opposing parties’ experts’ opinions were not supported and were “nothing more than mere speculative testimony, unsupported by any of the evidence presented.”
In finding for our clients’ position, the Court of Appeal determined the trial decision was the correct one and the opposing expert’s testimony was unreliable and therefore inadmissible. The case has important precedential value and is another success for our experienced appellate practice.