United States First Circuit

Judgment for defendant in medical malpractice action is affirmed, where the district court: 1) did not employ an erroneous standard of care and did not err in finding that the doctor did not breach it; 2) did not clearly err in its findings that decedent was not given solid food or Dr. Gerzof's testimony on the inability to insert an NG tube; 3) did not abuse its discretion in admitting Dr. Richter's testimony on an issue omitted from his expert report since plaintiff had an opportunity to formulate a response and has shown no prejudice; and 4) did not err in denying plaintiff's motion to compel privileged documents.

Appellate Information

• Decided 02/12/2013
• Published 02/12/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel