Court throws out child's malpractice experts; dismisses case
Alexis Morgan sued Dr. Alfred Bediako and his Hillsdale Obstetrics practice, alleging that Bediako's breach of the standard of care caused catastrophic damages to Alexis's daughter, Rhonda. In the trial court, the judge ruled that none of the Morgan family's experts could testify. It ruled that Dr. Ronald Gabriel, an O.B. Gyn, could not testify about what caused the injuries, that Dr. Ronald Zack could not testify about the standard of care, and that Morgan's vocational rehabilitation expert could not testify about the child's likely loss of future earning capacity. With no admissible expert testimony about causation, Morgan's case was dismissed and she appealed.The Court of Appeals upheld the lower court's decision with regard to Dr. Gabriel, and therefore upheld the dismissal. In its opinion, the Court ruled that while Gabriel cited six articles from the medical literature in support of his opinions, and despite the fact that he had a wealth of experience in the area, his causation testimony had not been shown to be scientifically reliable. The Court concluded that Dr. Gabriel's theory of causation had not been subjected to peer review analysis or published in the medical literature, and therefore it was not admissible, regardless of Gabriel's qualifications.