Malpractice claim dismissed when victim's doctor mis-states basis of his opinion
Timothy Blount sued Jean Marie PIerre, M.D., Blount's family doctor, alleging that Pierre was negligent in attempting to biopsy a suspicious lesion on Blount's tongue. Blount's attorneys demonstrated confusion in filing two separate claims against Pierre, one alleging that Pierre was a General Practitioner and a second alleging that he was a Family Practice specialist. Ultimately, they moved forward on the allegations of negligence by a General Practitioner, which required them to provide expert testimony from a comparably-credentialed physician familiar with the "local" community standard of care.
When Blount's expert testified that Pierre was negligent and unqualified to perform the biopsy, Pierre's attorneys asked him for the foundation of his opinion. The expert claimed that it was based upon his decades of experience in the general practice of medicine, and the fact that a G.P. would not have sufficient occasion to perform the procedure and thus could not perform it competently. The case was dismissed because the expert's testimony did not demonstrate a familiarity with the practice of other G.P.s in Pierre's town or similar localities.