Mollica v. United States of America

Paul Mollica, a veteran, underwent spinal surgery at a VA hospital in 2008 and subsequently alleged that surgical negligence caused permanent nerve damage and paralysis. He filed a medical malpractice suit against the United States under the Federal Tort Claims Act. The district court granted summary judgment to the government, ruling that Mollica had failed to produce expert testimony establishing the applicable standard of care and proving that any breach caused his injuries, as required by Tennessee law. On September 12, 2018, the Sixth Circuit affirmed, concluding that the expert reports tendered by Mollica did not adequately connect the alleged surgical errors to the claimed harm and could not substitute for the required competent expert proof. The appeal focused on the strict procedural requirements for expert evidence in FTCA claims.

The United States Court of Appeals for the Sixth Circuit affirmed the district court’s summary judgment in favor of the United States, holding that Mollica failed to provide sufficient expert evidence to support his medical negligence claim.

Whether the plaintiff’s expert testimony and reports satisfied the state-law requirements for establishing the standard of care and causation in a medical malpractice action brought under the Federal Tort Claims Act.

The decision underscores the significant procedural burdens faced by veterans and other plaintiffs in medical malpractice cases against VA facilities, emphasizing that federal liability under the FTCA is strictly tied to state tort law and its expert-witness standards. It serves as a reminder of the critical importance of securing timely, comprehensive expert testimony to avoid summary dismissal.