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King v. Sowers6/7/1996
the treatment that should have been provided. King further argued at trial, as he does on appeal, that the evidence showed only an absence of acceptable treatment by the defendants. We disagree.
The evidence presented a difference in views among the experts as to the medical judgment and the treatment that the defendants rendered. Dr. Gottsch testified that the decision to remove the tumor was a breach of the standard of care, while both Dr. Lemp and Dr. Crouch testified that the decision met the standard of care for a treating ophthalmologist. Dr. Lemp and Dr. Crouch also testified that Sowers' decision to remove the entire tumor did not constitute a breach of the standard of care, while Dr. Gottsch stated that only the visible portion of the tumor should have been removed. There was also conflicting evidence regarding the issue whether the postoperative care that Dr. Sowers and Dr. Harris gave King constituted a breach of the standard of care.
This testimony plainly established a "difference in views practitioners as to treatment, or as to medical judgment exercised." Thus, this language in instruction 12 addressed an issue raised by the evidence, and we conclude that King's argument on this ground is without merit.
King also contends that the trial court erred in permitting Dr. Zimmerman to testify that the cause of King's dry eye was Sjogren's syndrome. Dr. Zimmerman's Conclusion was partially based on his interpretation of a CT scan. King asserts that, since Dr. Zimmerman is neither a radiologist nor a rheumatologist who treats this type of auto-immune disease,* this testimony was speculative, beyond the scope of his expertise, and highly prejudicial. We disagree.
The issue whether a witness is qualified to express an expert opinion is a question submitted to the sound discretion of the trial court. Maxwell v. McCaffrey, 219 Va. 909, 912, 252 S.E.2d 342, 344 (1979); Noll v. Rahal, 219 Va. 795, 800, 250 S.E.2d 741, 744 (1979). The record must show that the proffered expert possesses sufficient knowledge, skill, or experience to render him competent to testify as an expert on the subject matter of the inquiry. Griffett v. Ryan, 247 Va. 465, 469, 443 S.E.2d 149, 152 (1994); Noll, 219 Va. at 800, 250 S.E.2d at 744.
Here, both parties agreed that Dr. Zimmerman is the leading ophthalmic pathologist in the world. Dr. Zimmerman testified that he regularly reviews CT scans, X-ray films, and other tests in evaluating tissue samples for the presence of disease. He explained that, although he has not had formal training in radiology and does not consider himself an expert in that field, he is able to read and interpret CT scans. Dr. Zimmerman further stated that, if he is unable to read a CT scan, he consults with a radiologist. However, he testified that he was able to read and interpret the CT scans of King's eye without requesting a radiologist's opinion. Dr. Zimmerman also indicated that, as a pathologist, he is familiar with the cellular manifestations that are characteristic of Sjogren's syndrome.
We conclude that the trial court did not err in permitting Dr. Zimmerman's testimony on these issues, since the evidence showed that he regularly evaluated CT scans in his pathology practice, and that he has skill and experience in recognizing Sjogren's syndrome. See Lo v. Burke, 249 Va. 311, 318-19, 455 S.E.2d 9, 13-14 (1995). The fact that Dr. Zimmerman did not qualify as an expert in radiology or rheumatology is relevant only to the weight to be given his testimony by the trier of fact.
For these reasons, we will affirm the trial court's judgment.
Affirmed.
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