United States First Circuit

In plaintiff''s suit filed pursuant to the Puerto Rico's medical malpractice law and the federal Emergency Medical Treatment and Active Labor Act (EMTALA), district court's judgment in favor of the defendants is vacated as the district court abused its discretion in excluding plaintiff's expert witness, as considerations such as an expert witness's pecuniary interest in the outcome of a case, or his status as an expert witness only for one side of an issue, or the extent to which a doctor currently sees patients, go to the probative weight of testimony, not its admissibility.

Appellate Information

• Decided 07/26/2010
• Published 07/26/2010

Judges

• LIPEZ

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Pedro F. Soler-Muñiz, José Héctor Vivas