“Couched in pompous terms”

September 17, 2013

  • 157 Evidence
  • 157XII Opinion Evidence
  • 157XII(C) Competency of Experts
  • 157k538 k. Due Care and Proper Conduct in General.

157 EvidenceFact that expert witness, in medical malpractice action, at one point defined the standard of care as being the viewpoint of “a leading neurosurgeon” and several times in his testimony referred to “leading and responsible neurosurgeons” did not render his testimony inadmissible on ground that he was not familiar with local standard of care where expert’s testimony, taken in its entirety, revealed that he conceived of no categories other than “leading, responsible neurosurgeons” and incompetent neurosurgeons and that, therefore, his standard was nothing more than the ordinary standard of care couched in pompous terms.
Schwab v. Tolley, 345 So.2d 747 (Fla. Dist. Ct. App. 1977)