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Doctor Holds on to Win in Suit Over Jaw Replacement Surgery

Jan. 4, 2021, 4:35 PM

An Alabama woman lost her appeal against an oral surgeon who allegedly negligently performed a jaw joint replacement, as the trial court acted within its discretion when it excluded her expert witness from testifying about the doctor’s alleged malpractice, the state’s top court said.

Alabama courts have “wide latitude” to decide if an expert medical witness meets the state’s requirements, including an active practice requirement, for testifying, the Alabama Supreme Court said.

Though this case was a “close call,” the trial court didn’t abuse its discretion by excluding Louis Mercuri from testifying about Victor Szymela’s alleged medical malpractice in connection...

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