Giuffria v. Concannon


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Docket Number: 2002-CP-00376-COA

Court of Appeals: Opinion Link
Opinion Date: 08-05-2003
Opinion Author: King, P.J.
Holding: Affirmed

Additional Case Information: Topic: Medical malpractice - Expert testimony
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Dismissal
Nature of the Case: CIVIL - MEDICAL MALPRACTICE

Trial Court: Date of Trial Judgment: 01-24-2002
Appealed from: PIKE COUNTY CIRCUIT COURT
Judge: Keith Starrett
Disposition: DISMISSED WITH PREJUDICE
Case Number: 01-043-A

  Party Name: Attorney Name:  
Appellant: RAYMOND C. GIUFFRIA




RAYMOND C. GIUFFRIA (PRO SE)



 

Appellee: DR. MILTON CONCANNON MATTHEW D. MILLER  

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Topic: Medical malpractice - Expert testimony

Summary of the Facts: Raymond Giuffria filed suit against Dr. Milton Concannon alleging negligence in installing a pacemaker. The court dismissed Giuffria's claim with prejudice finding that he failed to provide expert medical testimony to support his claim. Giuffria appeals.

Summary of Opinion Analysis: The pro se brief filed by Giuffria does not state any specific issues for consideration and fails to cite to any legal authority. Therefore, the Court is not required to further consider this appeal. In addition, an expert is necessary to identify the action or inaction which allegedly constituted a breach of duty and which proximately caused the patient's injury. Giuffria was given numerous opportunities to provide medical expert testimony to support his claim against Dr. Concannon and failed to do so. Therefore, the court correctly dismissed the action.


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