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McCall v. Dale

Court of Appeals of Kansas
Feb 24, 2006
35 Kan. App. 2 (Kan. Ct. App. 2006)

Summary

holding inmate's failure to designate an expert witness warranted dismissal of his medical malpractice claim against employees of prison health service; it was not clear from inmate's complaint what injury he sustained or how such injury was related to his treatment by employees, and an expert witness, rather than lay testimony, was necessary to establish such a causal link

Summary of this case from Tarantola v. Cushing Mem'l Hosp.

Opinion

No. 94,164.

February 24, 2006.

Appeal from the Johnson.


Unpublished Opinions Affirmed.


Summaries of

McCall v. Dale

Court of Appeals of Kansas
Feb 24, 2006
35 Kan. App. 2 (Kan. Ct. App. 2006)

holding inmate's failure to designate an expert witness warranted dismissal of his medical malpractice claim against employees of prison health service; it was not clear from inmate's complaint what injury he sustained or how such injury was related to his treatment by employees, and an expert witness, rather than lay testimony, was necessary to establish such a causal link

Summary of this case from Tarantola v. Cushing Mem'l Hosp.

holding inmate's failure to designate an expert witness warranted dismissal of his medical malpractice claim against employees of prison health service; it was not clear from inmate's complaint what injury he sustained or how such injury was related to his treatment by employees, and an expert witness, rather than lay testimony, was necessary to establish such a causal link

Summary of this case from Roadenbaugh v. Correct Care Solutions
Case details for

McCall v. Dale

Case Details

Full title:McCall v. Dale

Court:Court of Appeals of Kansas

Date published: Feb 24, 2006

Citations

35 Kan. App. 2 (Kan. Ct. App. 2006)

Citing Cases

Tarantola v. Cushing Mem'l Hosp.

Failure to designate an expert can support dismissal of a malpractice claim. See McCall v. Dale, 2006 WL…

Roadenbaugh v. Correct Care Solutions

Failure to designate an expert can support dismissal of a malpractice claim. See McCall v. Dale, No. 94,164,…