Trial lawyers specializing in personal injury and civil litigation
Injured patient allowed to re-file suit against Bon Secours and Don Schroder, M.D.
The Court of Appeals upheld the trial judge's decision to allow Debra Perry to re-file her daughter's malpractice claim against the surgeon who allegedly injured Pourchia Stallworth's left iliac artery during surgery. Perry's attorneys had listed experts including a General Surgeon who spent 60 percent of his time in a vascular-surgery sub-specialty, and also a Pediatric General Surgeon, however, the Defendants persuaded the lower court that neither surgeon's credentials were a close enough match to allow them to criticize Schroder, who is simply a General Surgeon. The court noted that the attorney had exercised reasonable care in attempting to match an expert's qualifications with Schroeders, and therefore Perry was allowed to re-file the claim with the Affidavit and support of a plain General Surgeon.