Lack of ‘Standard of Care’ Testimony Leads to Summary Judgment for Implant Surgeon

DES MOINES, Iowa — Iowa’s Court of Appeals has affirmed summary judgment for a knee implant surgeon after the physician designated as plaintiff’s expert on alleged malpractice declined to offer an opinion on “standard of care.”

A court majority held June 12 that a trial court did not err in concluding that plaintiff’s failure to provide expert testimony to support her negligence claim meant that she could offer no genuine issue of material fact to withstand the defendant’s motion for summary judgment.

Plaintiff Jackie Kush alleged that Dr. Patrick Sullivan was guilty of professional negligence in using the wrong size …