United States DC Circuit

A judgment pursuant to a jury verdict in favor of a doctor in a medical malpractice action arising from plaintiff's gastric bypass surgery is reversed where the district court abused its discretion in excluding a disputed post-surgery report relating to another patient as: 1) the evidence went to the heart of plaintiff's case and appeared crucial to the outcome; 2) the excluded evidence was used as a shield to enhance defendant's case and effectively destroy plaintiff's claim; and 3) any prejudice to defendant appeared minimal.

Appellate Information

• Argued 04/10/2006
• Decided 06/02/2006
• Published 06/02/2006

Judges

• Before:  GRIFFITH, Circuit Judge, and EDWARDS and SILBERMAN, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John D. Quinn argued the cause and filed the briefs for appellant.


• For Appellees:
  
• James P. Gleason, Jr. argued the cause and filed the brief for appellees.