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Mitzell v. Glover3/20/2000
t the Pain Clinic did and that there was no evidence "he knows anything about treating pain as an anesthesiologist." The trial court ruled Dr. Martin could review the notes and discuss his opinion based thereon.
We find no error in this ruling. Although the Mizells maintain Dr. Martin disparaged the Pain Center's method of treatment, the testimony was, for the most part, merely a recital of Mizell's initial treatment at the clinic rather than an opinion on the quality or scope of the clinic's treatment.
On appeal, the Mizells also assert that Dr. Martin should not have been allowed to discuss the treatment at the Pain Center, specifically finding error with his statement that " here was a very confusing picture to the pain management doctors . . .." They maintain he was not qualified as an expert regarding the treatment the Pain Center provided based on his statement that he understood why sympathetic blocks are performed but he was not "an expert in that particular mode of treatment."
We conclude, however, that the trial court properly found this was an appropriate subject for Dr. Martin's testimony. As an expert in podiatry called to evaluate Dr. Glover's treatment, Dr. Martin necessarily was entitled to review the medical records of the patient to render his conclusions based thereon and to discuss the basis for those opinions.
To the extent the Mizells assert Dr. Martin improperly stated Mizell did not follow through with treatment, this allegation is without merit. To the contrary, Dr. Martin testified that Mizell did not go back for further procedures because the Mizells thought the risk of possible paralysis or injury from the recommended pain treatment on the spine was too great. In any event, the Mizells made no contemporaneous objection to this testimony,() and they fail to identify any other offending passages in their brief.
IV. Qualification of Dr. Buckholz as an Expert Witness
The Mizells contend they are entitled to a new trial because Dr. Glover's expert witness, Dr. Buckholz, is from Michigan and was therefore not qualified as an expert testifying as to the scope of practice or standard of care for podiatrists in South Carolina.
Dr. Buckholz is a board certified podiatric physician and surgeon practicing in Michigan. He testified that he is familiar with the standard of care for treatment by a podiatrist and is familiar with the standard of care that would apply to a doctor treating the foot and ankle anywhere in the United States. He conceded he did not know the exact scope of practice for a podiatrist in South Carolina, which he defined as the level of treatment that a podiatrist can provide, such as whether it is below the knee or below the ankle.
In a medical malpractice action, the plaintiff generally must use expert testimony to establish both the required standard of care and the defendant's failure to conform to that standard.() The qualification of an expert witness and the admissibility of his or her testimony are matters left to the sound discretion of the trial court, whose decision will not be reversed on appeal absent an abuse of that discretion and prejudice to the opposing party.()
Our supreme court has held that the degree of care to be observed by a physician is that of an average, competent practitioner acting in the same or similar circumstances.() In King v. Williams,() the court rejected the locality rule and adopted a national standard of care for physicians and dentists in South Carolina.()
In McMillan v. Durant,() the court extended King "to include nursing professionals and other health care professionals."() The court noted that "the evolut
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