Marshall v. Yale Podiatry Group

496 A.2d 529, 5 Conn. App. 5, 1985 Conn. App. LEXIS 1094
CourtConnecticut Appellate Court
DecidedAugust 20, 1985
Docket3594
StatusPublished
Cited by16 cases

This text of 496 A.2d 529 (Marshall v. Yale Podiatry Group) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marshall v. Yale Podiatry Group, 496 A.2d 529, 5 Conn. App. 5, 1985 Conn. App. LEXIS 1094 (Colo. Ct. App. 1985).

Opinion

Dupont, C. J.

This case presents the question of whether an orthopedic surgeon is qualified to testify as an expert as to the standard of care required in connection with the performance of foot surgery by a licensed podiatrist certified in the field of surgery.

This is a medical malpractice action arising out of surgery performed by the defendant Jeffrey Yale, a licensed podiatrist in Connecticut, on the plaintiffs right and left feet. Yale is an agent and employee of the defendant Yale Podiatry Group, P.C. His examination of the plaintiff disclosed a hallux limitus of the right foot (restricted, painful range of big toe motion) and a tailor’s bunion of the left foot. To alleviate the plaintiff’s condition, Yale operated on the plaintiff implanting an artificial joint in the plaintiff’s right, big toe and removing a portion of the plaintiff’s left small toe.

At trial, the plaintiff called Urelich Weil, an orthopedic surgeon, to testify to the applicable standard of care for such surgery. The defendants objected to Weil’s testifying, claiming that he was not qualified to testify as to the applicable standard of care. The trial court sustained the defendants’ objection and the plaintiff excepted. Weil was the plaintiff’s only expert witness and therefore the plaintiff rested since without his testimony the plaintiff could not prevail.1 See Pisel v. [7]*7Stamford Hospital, 180 Conn. 314, 334, 430 A.2d 1 (1980). The defendants moved for a directed verdict, which the trial court granted. The plaintiff moved to set aside the verdict, which the trial court denied and the plaintiff appealed.

The standard of care to which physicians and surgeons are held is “that which physicians and surgeons in the same general neighborhood and in the same general line of practice ordinarily have and exercise in like cases.” Force v. Gregory, 63 Conn. 167, 169, 27 A. 116 (1893). When the court formulated that test, the “same general neighborhood” was interpreted as a territorial limitation restricted to the confines of the community in which the doctor practiced. In Geraty v. Kaufman, 115 Conn. 563, 162 A. 33 (1932), the “general neighborhood” was considered the state of Connecticut. It has now been broadened to include the entire nation. Van Steensburg v. Lawrence & Memorial Hospitals, 194 Conn. 500, 506-507 n.8, 481 A.2d 750 (1984). These cases reveal a trend towards the liberalization of the rules involving the qualifications of medical experts.

Although the issue of this case does not involve the geographical limitation on medical expert testimony, but rather the “general line of practice” limitation on expert medical testimony offered in a medical malpractice action, the liberalization of the evidentiary rules regarding the former limitation are relevant in analyzing the latter limitation.

Our analysis of cases starts with Fitzmaurice v. Flynn, 167 Conn. 609, 356 A.2d 887 (1975), where the [8]*8court found that the trial court erred in excluding the plaintiffs expert, a practicing surgeon specializing in breast cancer surgery, from testifying as to the proper medical standards of practice among obstetrician-gynecologists pertaining to breast examinations. In that case, the testimony was “that breast lump examinations are performed in exactly the same manner by obstetrician-gynecologists and surgeons; and that these two specialties are identical with respect to breast lump examination and diagnosis.” Id., 615. The threshold question of admissibility is governed by the scope of the witness’ knowledge and not the artificial classification of the witness by title. Id., 618.

Our appellate courts have had occasion to address this issue since that case. In Katsetos v. Nolan, 170 Conn. 637, 646-47, 368 A.2d 172 (1976), the court held that where the evidence presented at trial showed that the treatment in question falls within the field of all medical specialties and the minimum standard of care was common to all specialties, the plaintiff’s medical experts were competent to testify as to the applicable standard of care, although not specialists in the same field as the defendants. In Buckley v. Lovallo, 2 Conn. App. 579, 584-86, 481 A.2d 1286 (1984), the plaintiff offered two plastic surgeons as expert witnesses on the standard of care for performing a breast reduction operation, although the defendant performing the surgery was a general surgeon. That defendant moved for a directed verdict, arguing that the plaintiff failed to present sufficient evidence to establish the applicable standard of care. The trial court denied that motion and was upheld on appeal. One of the plastic surgeons testified that the standard of care applicable for performing the surgery was the same for plastic surgeons and general surgeons. Id., 585. The common thread tying these decisions together is that where the evidence indicates that the specialties overlap and the [9]*9applicable standard of care is common to each, a medical expert from either of the overlapping groups who is familiar with that common standard is competent to testify as to the standard of care.

Connecticut has not previously considered whether an orthopedic surgeon can testify as an expert against a podiatrist in a malpractice action. Other jurisdictions, however, have addressed this issue, reaching varying decisional results. The Ohio Supreme Court, citing a Connecticut case, Katsetos v. Nolan, supra, held that the plaintiffs medical expert, a podiatrist, was competent to testify as to the alleged malpractice, applying and failing to remove a cast which was too tight, by the defendant orthopedic surgeon. Alexander v. Mt. Carmel Medical Center, 56 Ohio St. 2d 155, 383 N.E.2d 564 (1978). The record disclosed that the application and removal of casts is an area where these fields of medicine overlap. The court, therefore, concluded that the podiatrist was qualified to testify as an expert. Id., 162. The Georgia Court of Appeals addressed this issue, holding that where the evidence indicates the fields overlap and the methods of treatment are the same for the schools involved, an orthopedic surgeon can testify as an expert as to the standard of care which must be exercised by a podiatrist. Sandford v. Howard, 161 Ga. App. 495, 288 S.E.2d 739 (1982). The California Court of Appeals has addressed the analogous issue of whether a podiatrist can testify as to the applicable standard of care of an orthopedic surgeon performing foot surgery, holding that he can. Chadock v. Cohn, 96 Cal. App. 3d 205, 157 Cal. Rptr. 640 (1979). The record revealed a familiarity with the surgery and contained testimony that the fields overlapped. Id., 209-14.

There is, however, a line of authority excluding such testimony.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Special Task Force
2014 Ark. 47 (Supreme Court of Arkansas, 2014)
Tapp v. Owensboro Medical Health System, Inc.
282 S.W.3d 336 (Court of Appeals of Kentucky, 2009)
Staccato v. Valley Hospital
170 P.3d 503 (Nevada Supreme Court, 2007)
Wexler v. Hecht
928 A.2d 973 (Supreme Court of Pennsylvania, 2007)
Gaines v. COMANCHE COUNTY MEDICAL HOSPITAL & NURSEFINDERS, INC.
2006 OK 39 (Supreme Court of Oklahoma, 2006)
Borger v. Dist. Ct.
102 P.3d 600 (Nevada Supreme Court, 2004)
Borger v. Eighth Judicial District Court of State of Nevada
102 P.3d 600 (Nevada Supreme Court, 2004)
Friedman v. Meriden Orthopaedic Group, P.C.
823 A.2d 364 (Connecticut Appellate Court, 2003)
Marshall v. Hartford Hospital
783 A.2d 1085 (Connecticut Appellate Court, 2001)
Melville v. Southward
791 P.2d 383 (Supreme Court of Colorado, 1990)
Craig v. Borcicky
557 So. 2d 1253 (Supreme Court of Alabama, 1990)
Pool v. Bell
551 A.2d 1254 (Supreme Court of Connecticut, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
496 A.2d 529, 5 Conn. App. 5, 1985 Conn. App. LEXIS 1094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-yale-podiatry-group-connappct-1985.