1st Circuit Upholds GP Testimony on Standard of Care in Medmal Case

An abortion clinic performed a suction curettage procedure intended to terminate a woman's pregnancy. However, the clinic's examination had failed to detect that the pregnancy was ectopic, and the procedure failed to terminate it. Two weeks later, the woman, who was experiencing acute abdominal pain, made her way to a hospital emergency room, where the remains of a ruptured ectopic pregnancy were removed. In her malpractice suit against the abortion clinic, the woman offered testimony from a general practitioner to show that the clinic had failed to satisfy the prevailing standard of care during the examination that missed the ectopic pregnancy. Defendants objected that the GP was unqualified to opine on the relevant standard of care, because he was neither a gynecologist nor an obstetrcian.

The First Circuit has now upheld the trial court's ruling admitting the GP's testimony. See Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, No. 02-2359 (1st Cir. Sept. 29, 2003) (Linch, Lipez, & Howard, JJ.).