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The Pitfalls of an Overly Qualified Expert Witness

By Robert E. Spitzer

Consider the following hypothetical scenario: In August 1992, a certain Dr. Rezzi, M.D., was a second-year pediatric resident who was rotating through New Jersey's St. Francis Medical Center. On Aug. 1, Dr. Rezzi was on duty when 18-month-old Miley Siren was admitted directly to the pediatric floor. Miley, admitted at 7:00 p.m., had been sent via ambulance to St. Francis at the direction of her pediatrician. St. Francis did not have a Pediatric Intensive Care Unit (PICU). During the course of the evening, Dr. Rezzi was the only physician on duty on Miley's floor, and she monitored the baby's condition.

The next morning, after Dr. Rezzi's shift concluded, the baby's condition had deteriorated. Ultimately, the decision was made to transfer Miley to University Hospital, which is 10 miles from St. Francis and has a PICU. Miley remained at University Hospital for a few days, where she was stabilized and eventually sent home. Unfortunately, after discharge, Miley experienced gross motor deficits and developmental delays, including cognitive issues.'

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