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Johnson v. Frazer3/6/2002
t for removal. Therefore, we consider whether a physician, who examined and treated a patient, may serve on the medical review panel of another physician, treating the same patient for the same purposes.
On March 29, 1999 - four months prior to her delivery - Dr. Kulkarni examined Ms. Johnson for vaginal bleeding. Consequently, her counsel maintains that he is a probable fact and expert witness who will be able to testify, if called, regarding the condition of her vagina, rectum, rectal sphincter, and perineum. Additionally, he may testify regarding the existence or absence of any abnormalities on the date of the examination and, therefore, contend that Dr. Frazer was negligent in performing the episiotomy. Ultimately, the medical review panel members must express their expert opinions regarding whether the evidence supports a conclusion that the defendant doctor breached the appropriate standard of care. Because Dr. Kulkarni's direct testimony as a fact witness may confirm or negate Dr. Frazer's negligence, alone, the trial court did not err by granting the rule for removal.
Also, the Defendants assert that the trial court erred by taking judicial notice of Dr. Kulkarni's relationship with the employees of Savoy Medical Center because it cannot form part of the "common knowledge of every person of ordinary understanding and intelligence." In light of our previous ruling, this issue is, also, pretermitted.
CONCLUSION
Four months into Ms. Johnson's pregnancy, Dr. Frazer requested that Dr. Kulkarni examine her. His examination made him a potential fact and expert witness. Consequently, he should have been withdrawn from the medical review panel.
Accordingly, we affirm the trial court's judgment, which ordered that Dr. Frazer be directed to withdraw Dr. Upendra Kulkarni as a member of the medical review panel to be constituted for the review of this case.
AFFIRMED.
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