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Keywords

plaintiffdefendantnegligenceappealtrialtestimonyadmissibilitycredibilitydeliberation

plaintiffdefendantappealtrialtestimonymalpracticedeliberation

Related Cases

Creasey v. Hogan, 292 Or. 154, 637 P.2d 114

Facts

The plaintiff was referred to the defendant podiatrist for treatment of bunions and a bilateral hallux valgus condition. The defendant performed bunionectomies on both feet, but post-operative complications arose, leading the plaintiff to claim negligence. Expert testimony was presented, including opinions from orthopedic surgeons regarding the defendant's treatment, which the defendant contested.

Plaintiff's family medical doctor referred her to the defendant for treatment of bunions on both feet, with the added complication of what was described by expert testimony as a bilateral 'hallux valgus' condition in which her great toes pointed toward the outside of her feet.

Issue

The main legal issues included the admissibility of expert testimony from practitioners of different medical disciplines, the standard of care applicable to podiatrists compared to medical doctors, and whether the trial court erred in providing a medical dictionary definition to the jury during deliberations.

We accepted review to consider (1) the circumstances under which an expert from one discipline of the healing arts can express an opinion as to the fault of a defendant whose practice is within another discipline of the healing arts, (2) the standard of care of a podiatrist as compared with the standard of care required of medical doctors who perform the same surgical procedure, and (3) whether the trial court erred in providing the jury with a medical dictionary definition of the word 'transverse' in response to the jury's request, during its deliberations, for a definition of the phrase 'transverse plane osteotomy.'

Rule

Medical practitioners are entitled to have their treatment evaluated by the standards of their own discipline, and expert testimony from other disciplines is admissible when the methods of treatment are generally similar.

Where the principles, techniques, methods, practices or procedures of one branch of the healing arts concur or are generally the same as those of another branch of the healing arts, in a malpractice case against a practitioner in one branch, opinion evidence on a point concerning such matters from a practitioner in another branch is admissible.

Analysis

The court analyzed the admissibility of expert testimony and the standard of care applicable to the defendant podiatrist. It concluded that the trial court's instruction to the jury regarding the definition of 'transverse' was improper, as it could have influenced their evaluation of the evidence and the credibility of witnesses. The court emphasized that the standard of care should be based on the practices of the podiatrist's discipline.

The Court of Appeals held that the trial court prejudicially erred in instructing the jury, after it had retired to deliberate, on a medical dictionary definition of the word 'transverse' after the jury's request for a definition of the term 'transverse plane osteotomy.' Providing the dictionary definition to the jury after it had commenced deliberations was improper for three reasons.

Conclusion

The Supreme Court affirmed the Court of Appeals' decision, ruling that the trial court's error in providing a dictionary definition warranted a new trial.

The decision of the Court of Appeals is affirmed. Remanded to the trial court for a new trial.

Who won?

The prevailing party was the defendant podiatrist, as the Supreme Court affirmed the Court of Appeals' decision to reverse the trial court's judgment and remand for a new trial.

The decision of the Court of Appeals is affirmed; remanded to the trial court for a new trial.

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