Legal Opinion · Dissent

Kieffer v. Plunkett-Kuspa

Louisiana Court of Appeal

Decided March 26, 2014No. 13-CA-499Published

1DissentWindhorst, J.

|,I respectfully dissent and would affirm the decision of the trial court. In this case, the trial court found that plaintiff failed to present a competent medical expert to support her claims of malpractice.

It is well established that the trial court has great discretion in determining the competence of an expert witness and that determination will not be overturned on appeal absent an abuse of that discretion. Foster v. Patwardhan, 48,575 (La.App. 2 Cir. 1/22/14), 132 So.3d 495.

As stated by my colleagues in their opinion, in a medical malpractice action against a physician, the plaintiff…

2Cases cited12 opinions

  1. Pfiffner v. CorreaSupreme Court of Louisiana · 1994
  2. McLean v. HunterSupreme Court of Louisiana · 1986
  3. Southern Development Co. v. GrecoLouisiana Court of Appeal · 1928
  4. Perricone v. East Jefferson General Hosp.Louisiana Court of Appeal · 1998
  5. Iseah v. EA Conway Memorial Hosp.Louisiana Court of Appeal · 1991

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API