Nature of the Case
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Facts
Salinetro (P) was in an auto accident and underwent a medical examination for back injuries sustained. Unknown to P, she was pregnant, and neither the treating doctor, Nystrom (D) nor the receptionist or the x-ray technician inquired regarding her last menstrual period. Subsequently, P suspected she was pregnant and was advised to terminate the pregnancy as the fetus would have been damaged from the x-rays. The fetus was dead at the time of the abortion. P sued D for medical malpractice. P sued D for malpractice. Dr. Aldereguia was called as a witness for P, but the trial judge refused to allow him to testify as an expert with respect to whether or not the conduct of D fell below the standard of medical care on the ground that Dr. Aldereguia was a specialist in obstetrics and gynecology, not radiology. D moved for a directed verdict on the ground she failed to make a prima facie case of medical malpractice. The trial judge granted the motion and P appealed.
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