Regina Helderman and husband, Troy Helderman v. Matthew R. Smolin, M.D., et al.

This appeal involves a claim for medical malpractice. The plaintiff’s cardiologist initially diagnosed her as having a heart condition which required surgery to repair. The plaintiff’s cardiologist referred the plaintiff to a cardiothoracic surgeon for surgical repair of the condition. The plaintiff subsequently sought a second opinion, and the second cardiologist determined that the plaintiff did not need surgery. Thereafter, the plaintiff’s original cardiologist apparently changed his diagnosis of the plaintiff’s condition. After some time passed, the cardiothoracic surgeon performed surgery on the plaintiff, which was ultimately determined to be unnecessary. The plaintiff sued her original cardiologist and the cardiothoracic surgeon for medical malpractice. Through discovery, it was determined that the cardiothoracic surgeon did not review the plaintiff’s entire medical records prior to performing the surgery. The cardiologist filed a motion for summary judgment arguing the cardiothoracic surgeon was the sole proximate cause of the plaintiff’s injuries. In response, the plaintiff submitted an affidavit from her expert witness stating that the cardiologist had a duty under the applicable standard of care to directly communicate his changed diagnosis to the cardiothoracic surgeon, and his actions were a “significant contributing factor” to the plaintiff’s injuries. The cardiologist filed a motion to strike the affidavit of the plaintiff’s expert as contradictory to his deposition testimony. The trial court partially granted the cardiologist’s motion. After doing so, the trial court granted the cardiologist’s motion for summary judgment. The plaintiff appealed to this Court, and we reverse.