Ferid Okic’s common bile duct was damaged during a routine gallbladder removal surgery. His injury went undiagnosed for over a month, requiring corrective surgery and significantly delaying Okic’s recovery. Okic sued his surgeon, Dr. Athanasios Diniotias, alleging that both the surgeon negligently performed the surgery and that he was negligent in providing postoperative care.
Most significantly, Okic did not retain an expert qualified to testify regarding the applicable standard of care for performing gallbladder removal surgery.
Just before the beginning of the trial, the trial judge granted several of the defendant’s — Dr. Diniotias’ — motions in limine, including ones barring him from presenting any evidence related to the performance of the surgery because of the absence of expert testimony on this issue. In any event, the jury found against Okic and in favor of Dr. Diniotias and on Okic’s remaining theory of negligence.