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Keywords

plaintiffnegligencetrialtestimonymotionmalpracticerelevanceadmissibility

plaintifftrialtestimonymotionmalpracticeobjectionadmissibility

Related Cases

Aumand v. Dartmouth Hitchcock Medical Center, 611 F.Supp.2d 78, 73 Fed.R.Serv.3d 588, 79 Fed. R. Evid. Serv. 613, 2009 DNH 061

Facts

Katherine Coffey, a 78-year-old patient, underwent coronary bypass surgery at Dartmouth Hitchcock Medical Center. After being discharged, she was readmitted two days later due to shortness of breath and low blood sugar, during which hospital staff administered glucose through a catheter in her hand. Following complications, including the deterioration of her hand and subsequent amputations, Coffey developed a serious infection and died from a heart attack linked to that infection. The plaintiffs allege that the hospital's negligence in treating her low blood sugar led to these tragic outcomes.

Coffey, who was seventy-eight years old at the time, was discharged from Dartmouth Hitchcock following successful coronary bypass surgery, but was readmitted two days later complaining of shortness of breath. Detecting low blood sugar, hospital personnel proceeded to administer several doses of glucose, or “D–50,” to Coffey over a period of roughly six hours, by way of a catheter inserted into her left hand.

Issue

The main legal issues include whether Dartmouth Hitchcock provided negligent medical care to Coffey and the admissibility of certain evidence and expert testimony in the trial.

Rule

The court applied New Hampshire law regarding medical malpractice, which requires expert testimony to establish the standard of care, breach, and causation, while also considering the admissibility of evidence under the Federal Rules of Evidence.

While New Hampshire law requires expert testimony to prove the essential elements of a medical malpractice case, i.e., the standard of care, a breach of that standard, and causation, N.H.Rev.Stat. Ann. (“RSA”) § 507–E:2, it does not follow that a party to such a case cannot take a position on what did or did not occur as a factual matter without expert testimony affirmatively supporting that position.

Analysis

The court analyzed the motions in limine by weighing the relevance and potential prejudicial impact of the evidence in question. It determined that while expert testimony is generally required in medical malpractice cases, parties may still present factual arguments without expert support. The court also ruled on the admissibility of various statements and documents, balancing their probative value against the risk of unfair prejudice.

Dartmouth Hitchcock's anticipated arguments do not fit that description. Based on the evidence cited in its objection to this motion, Dartmouth Hitchcock has a factual basis to argue that no infiltration occurred. And, even without that evidence, Dartmouth Hitchcock remains free to argue that the plaintiffs have not carried their burden to show that infiltration did occur.

Conclusion

The court granted and denied various motions in limine, shaping the evidence that would be presented at trial. The court's rulings allowed Dartmouth Hitchcock to argue certain points while excluding others that could unduly influence the jury.

Motions granted in part and denied in part.

Who won?

Dartmouth Hitchcock Medical Center prevailed on several motions, allowing it to present certain arguments and evidence while limiting the plaintiffs' ability to exclude relevant information.

Dartmouth Hitchcock has the better of this argument.

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Keywords

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Warger v. Shauers, 574 U.S. 40, 135 S.Ct. 521, 190 L.Ed.2d 422, 83 USLW 4017, 96 Fed. R. Evid. Serv. 186, 14 Cal. Daily Op. Serv. 13,678, 2014 Daily Journal D.A.R. 16,189, 25 Fla. L. Weekly Fed. S 9

Jencks v. U.S., 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103, 40 L.R.R.M. (BNA) 2147, 75 Ohio Law Abs. 465, 32 Lab.Cas. P 70,731

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