Professional Negligence Law Reporter

A Minnesota appellate court held that a trial court had not abused its discretion in determining that a medical expert lacked the qualifications to testify on the relevant standard of care in a medical negligence case.

Jolene Luczak was diagnosed as having muscle pain resulting from popliteal artery entrapment syndrome (PAES). Despite multiple surgeries to treat her condition, it remains unresolved. She sued a hospital and medical clinic, alleging liability for a vascular surgeon’s alleged treatment and diagnostic errors. The plaintiff identified interventional radiologist Scott Resnick as her medical expert. Resnick asserted that the vascular surgeon had breached the standard of care in multiple ways, including failing to identify a pseudoaneurysm on an ultrasound. The defendants moved for summary judgment, arguing that Resnick lacked education, training, or experience as a vascular surgeon or in the surgical treatment of PAES. The trial court granted summary judgment for the defense on the basis that Resnick was not qualified to testify as an expert based on his lack of practical experience addressing PAES in surgery and postoperatively.

Affirming, the appellate court noted that a trial court has wide latitude in deciding whether there is adequate foundation to establish that an expert witness is qualified to state an opinion. Citing case law, the court noted that a plaintiff must present evidence the witness has both the necessary education and training in the relevant subject matter, plus practical or occupational experience. Although Resnick is familiar with the mechanical forces involved in PAES and has experience diagnosing the condition, the court found, the physician’s CV and his report do not indicate he has consulted on the use of radiological tools during a PAES surgery, used those tools in assessing or treating PAES, or otherwise acquired experience managing PAES during surgery or postoperatively.

Consequently, the trial court’s conclusion was not erroneous.

Citation: Luczak v. St. Mary’s Med. Ctr., No. A23-1548 (Minn. Ct. App. July 23, 2024).