Medical Malpractice – Expert Affidavits

cassiejohnson//January 30, 2015//

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In this medical-malpractice action, appellants challenged the pretrial dismissal of their negligent-treatment claims against three of the respondents and a jury verdict in favor of the remaining respondents. Appellants asserted a negligent-treatment claim against respondent based on the alleged negligence of the nursing staff, and submitted the expert affidavit of a registered nurse in support of this claim. The District Court dismissed the claim against respondent based on its determination that, while the nurse was qualified to testify regarding the standards of care applicable to respondent’s nursing staff, she was not qualified to testify that any departures from that standard of care caused appellant’s injuries. The Court of Appealss concluded that the District Court’s analysis was sound, noting that nurses generally are not qualified to testify as to medical causation. Affirmed.

A14-0375 Jenco v. Crowe (Hennepin County)

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