Martha was injured in a car accident and taken to Hapless Hospital for treatment. While at Hapless, Martha was treated by the ER physician who performed a physical exam and ordered an EKG, chest x-ray, and CT scan. The ER physician found the physical exam and tests revealed nothing abnormal other than tenderness to the chest, although Martha complained of chest pain and shortness of breath.Martha was prescribed Motrin and Lortab for her chest pain. When she was discharged, she was told to follow up with her private physician and to seek medical care immediately if she suffered any new symptoms. The next day, while at home, Martha's husband discovered that she had stopped breathing. She was taken back to Hapless, where she was pronounced dead. The cause of death was later determined to be pulmonary embolism. In the subsequent malpractice lawsuit against Hospital, plaintiff relied solely on the expert testimony of Dr. Butt.

Hapless maintains that Dr. Butt should not have been accepted as an expert in emergency medicine because he was not qualified to testify to the standard of care in emergency medicine. Hapless argues that Dr. Butt is a family physician and not an emergency physician, that Dr. Butt is not board-certified in emergency medicine, and that although Dr. Butt once practiced in emergency rooms, he has not done so since the mid-1990s.

Plaintiff argues that Dr. Butt was properly accepted as an expert in emergency medicine. Plaintiff states that Dr. Butt is a specialist in both family medicine and emergency medicine, and has thirty-four years of experience in emergency medicine. Plaintiff asserts that because Dr. Butt has treated numerous patients who have had pulmonary embolism, he was qualified to testify as an expert in this case.

The trial court should:

Answers:

Not permit Dr. Butt to testify, and dismiss plaintiff's lawsuit

Permit Dr. Butt to testify

Not permit Dr. Butt to testify, but allow plaintiff's lawsuit to proceed without an expert witness

Not permit Dr. Butt to testify, but allow plaintiff's lawsuit to proceed on ares ipsatheory