Failure to Designate Expert

On Tuesday, the Mississippi Court of Appeals decided Cates v. Woods located here.  The Plaintiff failed to designate an expert after a scheduling order was entered.  The Defendant obtained summary judgment as the Plaintiff could not prove their case without an expert.  The Plaintiff tried to argue on appeal that this was simple negligence and no expert testimony was required.  This was rejected.  What this case stands for is that anything rooted in professional malpractice requires an expert.  This can be a wide variety of issues.  For example, nurse spills something on floor and someone falls.  Arguably, this is rooted in professional malpractice since it was committed by a professional.  This shows how a case of negligence can quickly become professional malpractice.