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In 1984, D performed lumbar disc surgery on Larry Pruitt (P) for his persistent back pain. Complications arose from this surgery, requiring a second operation shortly after the first. Following the second operation, P developed venous thrombosis and ischemic infarction of his intestines, both of which required further surgery. After these operations, P began to experience nausea, fever, vomiting, and swelling of the abdomen, and he was again taken to surgery. Ps alleged that P 'received a cut' to his small intestine and another to his sciatic nerve during the course of treatment by D. They claimed further that the removal of a portion of P's intestine became necessary because the cut to his intestine became infected. Ps hired Health Care Auditors to review the medical records in this case. Health Care Auditors then hired Dr. Lawrence C. Taylor to review the medical records. Dr. Taylor's deposition indicated his general disapproval of the medical care of P. In the motion to strike the deposition, D argued that Dr. Taylor's testimony was based upon 'hindsight and speculation.' The trial court granted the motion on the grounds that Dr. Taylor's expert testimony did not establish the standard of care necessary for Ps to meet their burden of proof. The trial court granted D's motion to dismiss after Ps declined to proceed with the evidence. Ps appealed.

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