Question: THE ETHICAL DIMENSION Collier contended that there was a serious question as to whether he would even need experts to prove his medical malpractice claim.

THE ETHICAL DIMENSION Collier contended that there was a “serious question” as to whether he would even need experts to prove his medical malpractice claim. Is it fair to Collier to prevent the trial from proceeding, even though the lack of expert testimony might have made it difficult—if not impossible—for him to win the case? Explain.


February 2004, Horace Collier was admitted to Caritas Medical Center with abdominal pain. The following day, after undergoing tests and being diagnosed by Dr. Robert Blankenship as having appendicitis, Collier had an appendectomy. One year later, Collier sued Blankenship and Caritas Health Services in a Kentucky state court, contending that they had been negligent because they had failed to evaluate and treat him in a timely manner. Specifically, Collier claimed that he had been ignored for several hours while awaiting treatment and had suffered severe abdominal pain, and that the X-ray of his abdomen had not been stored properly, causing further delay in his diagnosis and treatment.

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