The South Carolina Court of Appeals reversed a circuit court’s dismissal of a medical malpractice action, finding the plaintiffs’ expert affidavit satisfied statutory pre-suit requirements even though the affiant was not a nurse practitioner.
The 13-page opinion is Walker v. AnMed Health.
The plaintiffs brought claims against a medical facility and providers following the death of the decedent in the emergency room. The circuit court dismissed the action, ruling the expert affidavit submitted with the plaintiffs’ notice of intent failed to meet the qualifications under Sections 15-79-125 and 15-36-100 of the South Carolina Code.
The plaintiffs argued that their expert, a board-certified emergency nurse with over 30 years of experience, was qualified to opine on the breaches of care allegedly committed by a nurse practitioner.
The appellate court agreed, holding that while the expert was not a nurse practitioner and lacked formal training as one, his specialized knowledge in emergency care, including training medical professionals on emergency room workups, rendered him competent to opine on at least some of the alleged breaches. The court emphasized that the statute requires only that the affidavit allege “at least one negligent act or omission” and found the expert’s statements about failures to monitor blood pressure and pain levels satisfied that standard.
Although the court acknowledged that the expert did not name the nurse practitioner specifically, it found that his attribution of negligence to employees of the facility — of which the nurse practitioner was one — was sufficient. Because the affidavit met the threshold requirements, the circuit court erred in deeming it “unqualified and unlawful” and in dismissing the action with prejudice. The case was remanded for further proceedings.