DR. JUAN RONDEROS AND COASTAL NEUROLOGICAL INSTITUTE, P.A. V. MYRTLE ROWELL, AS ADMINISTRATRIX OF THE ESTATE OF RICHARD LARRY ROWELL, DECEASED, 868 SO. 2D 422 (ALA. 2003)
Administratrix of estate of patient brought medical malpractice action against neurosurgeon and his employer. The Mobile Circuit Court, No. CV-98-3909, denied motion for summary judgment brought by neurosurgeon and his employer, and they appealed. The Supreme Court, Stuart, J., held that: (1) it is the defendant health care provider's credentials on the date of the alleged breach that must be considered in determining who may testify against the defendant as a similarly situated health-care provider; (2) neurosurgeon who was not a board-certified neurosurgeon at time he performed surgery on patient, but who became board-certified in neurosurgery three months after patient's surgeries could not be considered a "specialist" at the time he allegedly breached the applicable standard of care; and (3) physician, who was proffered expert of patient's estate, was a "similarly situated health care provider" and, thus, was qualified to testify as an expert. Affirmed.