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Medical Malpractice – Motion for New Trial

By: Derek Hawkins//July 27, 2015//

Medical Malpractice – Motion for New Trial

By: Derek Hawkins//July 27, 2015//

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Civil

WI Court of Appeals – District I

Officials: Curley, P.J., Kessler and Brennan, JJ.

Medical Malpractice – Motion for New Trial

2014AP1358 L.D.M. v. Injured Patients and Families Compensation Fund

Appellant argues that the trial court erroneously: (1) limited their cross examination of Worthington; (2) permitted a defense expert, Dr. Theonea Boyd, to testify about the condition of K.D.-M.’s placenta without causally connecting the condition to L.D.-M.’s disorders; (3) permitted a defense expert, Dr. Jay Goldsmith, to offer a new opinion regarding placental pathology; (4) prohibited certain testimony from the plaintiffs’ expert, Dr. Stephen Glass; (5) instructed the jury about alternative treatment methods and provided an improper special verdict; and (6) refused to provide the jury with evidence requested during deliberations. In the alternative, the plaintiffs allege that there is insufficient evidence to support the jury’s verdict. The plaintiffs also argue that a new trial is warranted in the interest of justice. We reject the plaintiffs’ claims of error and conclude that sufficient evidence supports the jury’s verdict. We affirm.

Decision

Affirmed.

Full Text


Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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