The state Supreme Court has declined to take up an appeal from a lower court’s ruling allowing a plaintiff in a medical malpractice lawsuit against a podiatric surgeon to introduce expert testimony from an orthopedic surgeon, despite the expert’s different subspecialty and the fact that he has not performed any surgery in over eight years.
A split three-judge Superior Court panel previously held that Dr. Mark Robert Foster could testify in Roulette Price’s suit against Dr. Alan Catanzariti, reversing the Allegheny County Court of Common Pleas’ finding that Foster failed to meet the qualification requirements of the Medical Care Affordability and Reduction of Error Act and remanding for a new trial.
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