Plaintiff’s Case Against Pharmacy Dismissed Based on Late-Filed Notice of Expert Testimony

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 Facts of the Case

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.

The plaintiff appealed, but the appellate court determined that the plaintiff – who was acting without the assistance of an attorney – failed to preserve the issue for appellate review. As a result, the court affirmed the lower court’s ruling dismissing the plaintiff’s case.

Not only is this case a good example of the importance of expert testimony in a Maryland pharmacy error lawsuit, but also it shows the importance of having the assistance of a dedicated personal injury attorney in the preparation of a claim. With an attorney’s assistance, a plaintiff can rest assured that all procedural deadlines are met and all required documents are filed.

Medical Expert Testimony

In all Maryland medical malpractice cases, as well as in pharmacy error cases, a plaintiff will need to present an expert witness in order to establish the necessary elements of her claim. Generally, an expert is needed to explain the complex scientific or medical issues that arise in these cases. This is especially the case for establishing the causation element of a plaintiff’s claim.

A plaintiff’s failure to submit the required expert affidavit will almost certainly result in dismissal. Similarly, as was the situation in the case discussed above, a late-filed document runs the risk of being excluded by the court.

Have You Been a Victim of a Pharmacy Error?

If you or a loved one has recently been a victim of a pharmacy error, you may be entitled to monetary compensation. The skilled Maryland pharmacy error attorneys at the law firm of Lebowitz & Mzhen Personal Injury Lawyers have extensive experience handling a wide range of pharmacy error claims on behalf of their clients and their clients’ families. To learn more, and to schedule your free consultation, call 410-654-3600. Calling is free, and you will not be billed for our time or services unless we are able to help you obtain the compensation you deserve.

More Blog Posts:

As Online Retailer Enters Pharmaceutical Business, Some Are Advocating for Change, Pharmacy Error Injury Lawyer Blog, December 1, 2017.

Pharmacy Errors Involving High-Alert Medications, Pharmacy Error Injury Lawyer Blog, October 23, 2017.

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