Earlier this month, an appellate court in Utah issued a written opinion in a personal injury case presenting an issue that often arises in Maryland pharmacy error and medical malpractice cases. The issue was whether the plaintiff’s expert’s testimony should be excluded from evidence because it was late-filed, and if so, whether the plaintiff’s case should be dismissed for failing to present necessary evidence.
The plaintiff sued her pharmacy, claiming that it overprescribed drugs. However, at the time she filed the case, the plaintiff did not designate any expert who would be testifying in support of her case. It was not until the day of the summary judgment hearing that the plaintiff presented the court with the name and information of her expert witness.
Upon the defendant’s motion, the court precluded the plaintiff’s expert from testifying, finding that the expert’s information was provided well past the discovery deadline. After striking the plaintiff’s expert’s testimony, the court then determined that the plaintiff was unable to prove her claim against the pharmacy and dismissed the plaintiff’s claim.