United States First Circuit

In an appeal from a judgment of the district court dismissing, on summary judgment, plaintiff's complaint for medical malpractice, judgment is affirmed where the district correctly: 1) concluded that under Maine law the causation standard for a medical malpractice action is the "more-likely-than-not" standard and not the "lost chance" doctrine; and 2) excluded the testimony of two plaintiff-witnesses because they had not been designated as expert witnesses with respect to causation.

Appellate Information

• Decided 01/09/2012
• Published 01/09/2012

Judges

• SELYA

Court

• United States First Circuit

Counsel