Wilson

Defendant Sharlene M. Ritto, D.P.M. (defendant) appeals a $260,352 medical malpractice judgment entered against her. Defendant complains the trial court erred in denying her motion to include on the special verdict form Dr. Kevin Metros as a joint tortfeasor for purposes of apportioning liability for noneconomic damages.

Defendant argues evidence that Dr. Metros committed medical malpractice was not required in order to name him on the special verdict form as a joint tortfeasor. All that was required was evidence he caused or contributed to plaintiffs injury. Defendant further contends that, even if evidence that Dr. Metros committed malpractice was required, defendant satisfied that requirement.

We conclude defendant was required to provide evidence that Dr. Metros violated the standard of care within the medical community, and such evidence was not provided. The trial court thus did not err in denying defendant’s motion to include Dr. Metros on the special verdict form as a joint tortfeasor. The judgment is affirmed.

1. Facts and Procedural Background

Plaintiff suffered from bunions on both her feet. In 1997, defendant, who is a podiatrist, successfully performed a…