Gubler v. Boe

PROLOGUE

It is not difficult to understand that a trial judge (in this instance, of a district court) might become short of patience with a plaintiffs’ counsel who comes to trial in a medical malpractice case and has not adequately prepared his visiting expert witness to testify that he knows the prevailing standard of care in the community where the acts of alleged malpractice took place. The expert witness in this case, Dr. Tune, had been prepared to state that he did know the prevailing medical standard of care. Apparently, and unfortunately, this visiting expert had not been informed that…