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Case Law Update: Evidence in Medical Malpractice Suit

Sbarbora v. Vollala found that the trial court did not abuse its discretion in denying Plaintiff’s motion for new trial after jury verdict in favor of all Defendants. Plaintiff not substantially prejudiced by Defendant physician’s testimony about his discharge summary, even though Plaintiff’s counsel was not provided with discharge summary until time of trial. Trial court properly granted Defendant physician’s motion in limine to bar evidence that he had failed internal medicine board certification examination; Defendant gave no expert opinions, but only described decedent Plaintiff’s symptoms within context of his treatment. This case will have a great impact on medical malpractice cases.