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Schwartz pertaining to alleged “other acts” and when the court gave the jury an instruction limiting the applicability of the testimonial evidence obtained during this line of questioning.3. We find no prejudice in the trial courts conditional exclusion of evidence related to the other malpractice actions and the Board proceedings, and therefore, no abuse of discretion. Whether the trial court abused its discretion when it allowed Kostel to elicit testimony from Dr. In addition, they agreed that there had been no preoperative need to perform the fusion at L5-S1.[¶ 44.] On May 26, 2006, the trial court issued an order suppressing Dr. Second, he contends that the letter could have been used to refute Dr. Schwartz alleges numerous examples of reversible error in the selection of jury instructions. 13 [¶ 49.] In addition to the preoperative diagnosis of a degenerative vertebral segment at the L4-L5 location in Kostel's spine for which she had consented to fusion surgery, Dr. W.2d at 521.[¶ 54.] Reversing the directed verdict, this Court concluded that “[t]he character of the injury in connection with other facts and circumstances and the fair inferences which the jury could draw from them constitute substantial credible evidence and would have sustained a verdict for the plaintiff.” Id. There was also expert testimony that adjacent vertebral segments subsequently became involved due to repetitive contact with a rod that had been placed in Kostel's spinal column during the initial surgery performed by Dr. There was expert testimony that these adjacent vertebral segments became involved to an extent during the four-year period following the March 8, 2002 surgery that Kostel ultimately had to have all of her lumbar vertebral segments and several of her thoracic vertebral segments fused to the point that her spine is now frozen from her tailbone to the middle of her shoulder blades.[¶ 65.] We find no abuse of discretion in the settlement of Instruction No. To this end, defense counsel offered the testimony of his last witness, Dr. The fact that an unfortunate or bad condition resulted to Plaintiff ․ during the care afforded to him by Defendant ․ does not alone prove that Defendant ․ was negligent.380 N. The standard for determining whether an expert's theory or method qualifies as scientific, technical, or specialized knowledge requires application of the following nonexclusive list of factors for assessing admissibility at trial:(1) whether the method is testable or falsifiable;(2) whether the method was subjected to peer review;(3) the known or potential error rate;(4) whether standards exist to control procedures for the method;(5) whether the method is generally accepted;(6) the relationship of the technique to methods that have been established as reliable;(7) the qualifications of the expert; and(8) the non-judicial uses to which the method has been put. … continue reading »
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