Jones v. O’Young, 154 Ill.2d 39 (1992), p98.

P hurt in an auto accident. While in the hospital he developed an infectious process in his leg which led to its amputation. He was treated by defendant plastic surgeon, orthopedic surgeon, and general specialist. Dr. Dean was brought to testify as an expert witness who was certified in internal medicine and infectious diseases. Statute that says P’s expert witnesses must specialize in same medical areas as Ds.

Trial court granted motion to let Dr. Dean testify as an expert witness. D’s motion for summary judgement were denied.

Can P’s infectious disease specialist testify against the defendant plastic surgeon, orthopedic surgeon, and general specialist with regard to each defendant’s care and treatment of the infectious disease, pseudomonas osteomyelitis? Should the motions for summary judgement that were denied be overturned?

Whether the expert is qualified to testify is not dependent on whether he is a member of the same specialty or subspecialty as the D, but rather, whether the allegations of negligence concern matters within his knowledge and observation.

Dr. Dean is qualified to testify. Therefore the summary judgement stand.

Restricting qualifications of experts to those physicians who are members of the same specialty or subspecialty as the D would only upset the balance necessary to an adversarial system without any compensating benefit.

expert witness qualifications:

1. physician must be a licensed member of the school of medicine about which he proposes to testify
2. must show he is familiar with the methods, procedures, and treatments