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Postell v. Hankla

The trial court reversibly erred in allowing a medical doctor to testify as an expert witness as to the standard of care for a nurse midwife when the witness had not supervised, taught or instructed nurse midwives during the requisite time period.

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In the first appearance of this medical malpractice case before this Court,1 we summarized the underlying facts as follows:

Zamarion Everett sustained a permanent brachial plexus injury2 during his birth in 2003. His mother, Anita Jackson Postell, filed the instant medical malpractice action, individually and as next friend of Everett, against Certified Nurse Midwife Vickie Hankla, who attended the birth, and Hankla’s employer, Southern OB-GYN Associates, P. C. collectively “Hankla”. Postell argued that Hankla breached the standard of care during delivery when she applied lateral traction3 with enough force to cause Zamarion’s injury during her attempts to deliver him during an obstretrical complication known as shoulder dystocia, which occurs when an infant’s shoulders become lodged in the mother’s pelvis after delivery of the head.4

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