Sample Medical Malpractice Expert Certificate of Merit

HESTER PRYNNE
Claimant

v.

UNITED STATES RADIOLOGY SERVICES
and
ROGER CHILLINGWORTH, M.D.

Health Care Providers

Certificate of Qualified Expert

Arthur Dimmesdale, M.D. hereby certifies as follows:

  1. I, Arthur Dimmesdale, M.D., am a licensed physician and am board-certified in Radiology, the specialty in which Health Care Provider Roger Chillingworth, M.D. is certified. I have a special interest in ultrasonography. I am Professor of Radiology at the Boston University Medical Center and have clinical experience, have provided consultation relating to clinical practice, and have taught medicine in the fields of radiology in general and specifically ultrasonography within five years of the date of the acts and omissions that gave rise to this cause of action. My experience includes working with and supervising non-physician sonographers. Radiology and/or ultrasonography are the fields of medicine engaged in by the Health Care Providers in this matter, United States Radiology Services and Roger Chillingworth, M.D., directly and through their actual and/or apparent agents, servants and/or employees.
  2. I have reviewed the obstetrical ultrasound done by the Defendants on Hester Prynnes on December 10, 2009 and the report of the study. I have also reviewed the obstetrical ultrasound done and interpreted on February 18, 2010 at 19.8 weeks gestation. In addition, I reviewed the report of that study, including the fetal anatomy survey. The February 18, 2010 fetal anatomy survey and report lists M. Hibbins as the “sonographer” and Roger Chillingworth, M.D. as the “physician,” and is reported on United States Radiology Services stationery. Further, I have reviewed the following records from Sinai Hospital of Baltimore: report of head CT of June 30, 2010, neurologic consultation by Beverly Crusher, M.D. of July 1, 2010, and report of MRI–head/brain of September 20, 2010. Based upon my review of these medical records and radiologic films, and also based on my education, training, experience expertise and my knowledge of the facts of this case, it is my opinion with a reasonable degree of medical probability that the care rendered to Hester Prynne by United States Radiology Services and Roger Chillingworth, M.D., directly and through their actual and/or apparent agents, servants and/or employees, departed from the applicable standard of care by negligently performing, interpreting, communicating and/or documenting the February 18, 2010 obstetrical ultrasound and fetal anatomy survey. With a reasonable degree of medical probability, had the lateral ventricles of the fetal brain been properly imaged, interpreted, and the findings communicated and/or documented by the Health Care Providers United States Radiology Services and Roger Chillingworth, M.D., directly and through their actual and/or apparent agents, servants and/or employees, semi-lobar holoprosencephaly, a serious congenital brain disorder, would have been promptly diagnosed, the ordering obstetrician and the patient would have been informed of the congenital brain abnormality, the parents would have received informed consent and counseling, and the pregnancy could have and would have been terminated. Therefore, with a reasonable degree of medical probability, the departures from the standard of care by Health Care Providers United States Radiology Services and Roger Chillingworth, M.D., directly and through their actual and/or apparent agents, servants and/or employees, proximately caused Pearl Prynne to be born with semi-lobar holoprosencephaly, and thereby proximately caused extraordinary expenses and mental suffering to her parents.
  3. certificatemerit
  4. Attached is a brief report of my opinion, which is incorporated herein.
  5. My opinions are expressed with a reasonable degree of medical probability.
  6. Less than 20% annually of my professional activities are devoted to activities involving testimony in personal injury claims.

Arthur Dimmesdale, M.D.

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