Earlier last month, an appellate court issued a written opinion in a personal injury case illustrating the importance of expert witness selection and preparation in Maryland car accident cases involving disputed medical evidence. The court ultimately concluded that the jury was acting within its purview when it found that the testimony of the plaintiff’s expert witness was speculative, and thus it declined to find that the plaintiff suffered a permanent injury as a result of the accident.
The plaintiff was involved in a car accident that was caused by another driver. The record is not clear if the other driver had no insurance, or if they had insufficient insurance to cover the plaintiff’s injuries, but regardless, the plaintiff ended up filing a claim with her own insurance company under the underinsured/uninsured motorist provision.
The plaintiff presented one expert witness, a neurosurgeon who had operated on the plaintiff. The neurosurgeon testified that the plaintiff suffered from degenerative disc disease, that it was possible the plaintiff would require surgery, and that the accident likely increased that chance by 15-20%. However, the neurosurgeon also testified that he had no idea how long the plaintiff’s degenerative disc disease had been developing.