United States Fifth Circuit

In a Federal Tort Claims Act (FTCA) suit alleging medical malpractice arising from treatment plaintiff-pro se prisoner received while suffering from a sinus infection, summary judgment for defendants is affirmed where: 1) the district court did not abuse its discretion in refusing to appoint an expert witness for plaintiff under Federal Rule of Evidence 706; and 2) summary judgment was properly granted as plaintiff was required to present expert testimony on the applicable standard of care and the inadequacy of the care he received, but he neither designated nor hired an expert to do so.

Appellate Information

• Decided 04/04/2008
• Published 04/07/2008

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH and PRADO, Circuit Judges, and LUDLUM, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gerald W. Hannah, Butner, NC, pro se.


• For Appellees:
  
• Tami C. Parker, Fort Worth, TX, for Defendants-Appellees.