The issue before the Supreme Court in this case was a trial court's order striking the testimony of plaintiff's rebuttal expert witness, and portions of two of plaintiff's previously disclosed expert witnesses. The underlying case centered on a medical malpractice claim brought by the parents of a minor child against a hospital, its management and the doctor that delivered the child. The minor was allegedly injured at birth after his umbilical cord wrapped around his neck, depriving his brain of oxygen. The parties disputed the cause of the child's injuries: Plaintiffs argued the child was injured by preventable intrapartum events (namely Defendants' alleged negligence); defendants argued the injuries occurred days, or possibly weeks prior to birth. Upon review of the matter, the Supreme Court held that the trial court abused its discretion when it excluded plaintiff's expert's rebuttal testimony because her testimony properly refuted a central theory of the defendants' case. The trial court also abused its discretion when it excluded the disclosed experts' testimony because the late disclosure of their testimony did not harm the defendants, as required for sanctions under Rule 37. Accordingly, the Court made the rule absolute and remanded the case for further proceedings. View "In re Warden v. Exempla" on Justia Law
This case arose from a pending medical malpractice case from the Denver district court. Plaintiff Ernest Ortega sued Defendants Dr. David Lieuwen and Kaiser Foundation Health Plan of Colorado (Kaiser) alleging negligent medical treatment given to him in 2007. Plaintiff appealed the district court's denial of his request for a protective order to cover his electronic medical records encompassing a ten-year period preceding the incident underlying this case. The trial court determined that Plaintiff's electronic medical records were not protected by the physician-patient privilege and that the records were relevant to prepare a defense. Upon review, the Supreme Court held that the trial court did not abuse its discretion when it ruled that Plaintiff's medical records were not protected as privileged and that Defendants could use unredacted copies of all of Plaintiff's medical records. View "Ortega v. Kaiser Foundation Health Plan of Colorado" on Justia Law
Petitioner Loretta Day was referred to Respondent Dr. Bruce Johnson, M.D., for treatment for hypothyroidism. Dr. Johnson determined that surgery was needed to remove both lobes of the thyroid. A few weeks later, Mrs. Day's vocal cords stopped working, and she suffered a permanent speaking disability that she alleged was caused by the surgery. Mrs. Day and her husband sued Dr. Johnson for negligence, asserting that the Doctor incorrectly assessed Mrs. Day's condition, recommended inappropriate treatment, and improperly removed part of her thyroid. The trial court submitted the issue of Dr. Johnson's negligence to the jury which included a jury instruction that mirrored the language of a pattern jury instruction pertaining to negligence. The Days objected to the court's use of this instruction, arguing that the instruction included a misstatement of Colorado law. The court overruled the objection. The jury found that Dr. Johnson was not negligent. The appellate court affirmed the trial court's use of the instruction. On appeal to the Supreme Court, the Days argued that both the trial and appellate courts erred by using the instruction. Upon careful consideration of the arguments and the applicable legal authority, the Supreme Court affirmed the lower courts' decisions. The Court found that the portion of the pattern jury instructions accurately stated Colorado law.