Evidence/Medical Malpractice

Guide to Gridley v. Johnson, 476 S.W.2d 475 (Mo. 1972)

What happened in the lower courts?

Was the baby injured?

What were the damages?

What are the medical facts?

What did the court find had been established by the evidence in the case?

What was the plaintiff's objection involving the subsequent treating physicians?

How did the defendant try to use her subsequent medical history to undermine the damages?

What was the comment about expert testimony?

What did the defense say about this after the court sustained plaintiff's objection?

What did the court find that this allowed to defendants to argue to the jury?

What did McNutt say about the physician patient relationship?

What does saying a witness who can be deposed under McNutt is not available?

What does Chavaries tell us?

What is the difficulty with calling the subsequent treating physicians?

What does Denmon tell us?

What is the cost issue?

What did the court rule on defendant's argument about the subsequent physicians?

What was the plaintiff's evidence that she was pregnant?

How did plaintiff try to get into evidence that defendant should have done a pregnancy test?

Why did defendant object to asking the witness about a passage in a text?

Did the court sustain defendant's objection?

What is the MO standard for using a text?

Does the expert have to accept the text before it can be used?

Why is requiring the expert to accept the text against public policy?

What must the plaintiff do to qualify the text?

Why did Wigmore say such texts were reliable?

What is wrong with the jury instruction that includes that the doc be in "good standing?"

What about 'practicing in similar localities'?

What does the court say about the role of specialty practice as regards the locality rule?

Did the court change the locality rule in this case?

What was it's reasoning?

What about MAI 11.06?

Why was it proper to dismiss Dr. Doane?

What were the grounds for dismissing the hospital?

What did the Abernathy case do?

What were plaintiffs entitled to show before Abernathy?

What did Bing say about modern hospitals?

What did Darling say about vicarious liability?

What do plaintiffs need to show when they amend their complaint?