Rebecca Ann Keister and Gerald Keister v. Neurology Consultants of Huntsville, P.C., and Jitesh Kar, M.D.

Summary

The court affirmed the striking of the plaintiffs' supplemental expert affidavit but reversed the summary judgment for the defendants and remanded. Viewing the expert's deposition testimony as a whole and in the light most favorable to the plaintiffs, the court held that the testimony created a genuine issue of material fact on whether delayed diagnosis and treatment probably worsened Mrs. Keister's condition. The court concluded that the expert's statement that he did not know specifically whether delay caused a worse outcome did not eliminate the reasonable inference created by his other testimony.