concluding that analytical gap existed between expert opinion that threshold disease could be treated effectively outside the seventy-two hour window recommended by the CRYO-ROP study and expert’s experience because expert’s personal experience did not cover time frame in question and no studies supported his theory
How later courts described this case
- concluding that analytical gap existed between expert opinion that threshold disease could be treated effectively outside the seventy-two hour window recommended by the CRYO-ROP study and expert’s experience because expert’s personal experience did not cover time frame in question and no studies supported his theory
- setting .aside judgment against physician and hospital where patient first presented for treatment after preexisting delay in diagnosis beyond 72-hour period where surgery is effective, because delay caused probability of surgical correction to drop below 50%
Written by the judges who cited it.
The opinion
ORDER ON MOTION FOR REHEARING AND MOTION FOR REHEARING EN BANC AS TO ALL SAINTS INTEGRATED AFFILIATES D/B/A ALL SAINTS MEDICAL ASSOCIATES AND STEPHANIE PERDUE, M.D.
TERRIE LIVINGSTON, Justice.
We have considered appellees’ “Motion for Rehearing and Motion for Rehearing En Banc as to All Saints Integrated Affiliates d/b/a All Saints Medical Associates and Stephanie Perdue, M.D.” It is the opinion of the court that said motions for rehearing and rehearing en banc should be and are hereby denied.
The clerk of this court is directed to transmit a copy of the order to the attorneys of record.
EN BANC
SAM J. DAY, J. (Retired, Sitting by Assignment)
DAUPHINOT, J., would grant the motion for rehearing en banc.