United States Seventh Circuit

Under Indiana law a prima facie case in medical malpractice cannot be established without expert medical testimony, which here was properly excluded per FRCP rule 37(c)(1) because plaintiffs failed to disclose any of their witnesses as experts. Accordingly, summary judgment for defendant is affirmed.

Appellate Information

• Decided 01/28/2004
• Published 01/28/2004

Judges

• KANNE, Circuit Judge., Before POSNER, KANNE, and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Daniel A. Roby (argued), Roby & Hood, Fort Wayne, IN, for Plaintiffs-Appellants.


• For Appellees:
  
• Garrett V. Conover (argued), Kopka, Landau & Pinkus, Crown Point, IN, for Defendant-Appellee.