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GAVIRIA v. REYNOLDS

No. 05-7010.

476 F.3d 940 (2007)

Humberto Antonio GAVIRIA, Appellant v. Donald REYNOLDS, DDS, Attending Surgeon, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 9, 2007.

Attorney(s) appearing for the Case

Eric Berger, appointed by the court, argued the cause as amicus curiae in support of appellant. With him on the briefs were Ian Heath Gershengorn and David W. DeBruin, appointed by the court.

Humberto A. Gaviria, pro se, filed briefs.

James C. McKay, Jr., Senior Assistant Attorney General, Office of Attorney General for the District of Columbia, argued the cause for appellees. With him on the brief were Robert J. Spagnoletti, Attorney General, and Todd S. Kim, Solicitor General. Edward E. Schwab, Deputy Attorney General, entered an appearance.

Before: GINSBURG, Chief Judge, and ROGERS and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

After Humberto A. Gaviria underwent five surgeries to repair jaw problems resulting from a 1989 altercation with the police, he filed a medical malpractice action against nine oral surgeons ("Surgeons") who participated in the surgeries. Acting pro se after the withdrawal of his court-appointed attorney, Gaviria was unable to substantiate his claims with expert testimony as...

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