Cleveland v. Hamil

MAXWELL, J.,

for the Court:

¶ 1. The motion for rehearing, filed by Dr. Ken E. Cleveland, is denied. We withdraw our original opinion and substitute this modified opinion.

¶ 2. To prove medical malpractice, a plaintiff must present expert testimony on both the standard of care for the particular specialty of the doctor being sued and the doctor’s deviation from that standard of care. The details of this expert testimony must be disclosed before trial to prevent “trial by ambush” with medical theories the defendant doctor is not prepared to meet.

¶ 3. We are faced with a plaintiffs verdict in a…