Mark Merlini successfully argued a Motion for Summary Judgment on behalf of a hospital before the Honorable Sandra Mazer Moss in the Philadelphia Court of Common Pleas. Plaintiff, a 40 year old male, claimed that he was negligently discharged from the Emergency Room after sustaining a tibial plateau fracture and that he developed a serious medical condition, compartment syndrome, as a result. Plaintiff’s demand was $10 million. Plaintiff’s counsel took the position that he did not require standard of care expert testimony in the case because the alleged negligence was obvious.
Therefore, Plaintiff’s counsel intended to rely upon the testimony of a neurologist to establish that the failure to admit the patient resulted in the claimed damage to the patient’s leg, which ultimately resulted in several surgeries. The Court agreed with the defense position and ruled that expert testimony on liability was required and that the Plaintiff’s neurology expert was not qualified to offer expert testimony regarding emergency room care. All claims against the hospital and Co-Defendant ER Physician were dismissed with prejudice following oral argument.