Kelly Hughes Iverson and M. Peggy Chu, of Goodell DeVries, obtained summary judgment for an OB/GYN practice and a nurse midwife after excluding the plaintiff’s standard of care witness on the basis of the “20% rule.” After hearing argument from both sides and reviewing the expert’s lengthy de bene esse testimony, the court issued an opinion from the bench in which the court agreed that Lawrence S. Borow, M.D. devoted annually more than 20% of his professional activities to activities that directly involve testimony in personal injury claims, and that he therefore was not qualified under the Health Care Malpractice Claims Act to testify about any alleged departures from the standard of care. The case is Streaker v. Boushehri, et al., in the Circuit Court for Howard County.
