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Recent Article: Charles F. Albrecht, Crown Point

By: Kopka Pinkus Dolin

Should You Consider a Nurse Practitioner as an Expert?

By: Charles F. Albrecht

The Indiana Court of Appeals recently ruled that the trial court should have allowed a nurse practitioner to testify as an expert witness. Aillones v. Minton, 2017 Ind. App. LEXIS 226 (Ind. Ct. App. May 30, 2017). This case arose out of a motor vehicle accident in Evansville, Indiana, in which Plaintiff Charles Aillones was struck from behind by a vehicle driven by Defendant Glen Minton. Aillones was injured and received medical treatment from Alan Swartz, a licensed nurse practitioner, for a cervical sprain and pain in his lower back. Aillones filed a lawsuit alleging negligence against Minton for his injuries. During discovery, Swartz was deposed and testified that Aillones’ injuries were consistent with a motor vehicle accident. Plaintiff’s counsel moved to qualify Swartz as an expert witness. Following oral argument, the trial court concluded that a nurse practitioner could not qualify as an expert witness based on the decision in Nasser v. St. Vincent Hospital & Health Services, 926 N.E.2d 43 (Ind. Ct. App. 2010). READ FULL ARTICLE HERE

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