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Michael A. KluthoBassford Remele, Minneapolis, MN

Member Achievement and Case News: Featured

Med Mal Verdict: Patient's Experts Had Foundation

Tuesday, September 18, 2018   (0 Comments)
Posted by: Tom Jensen
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Patient suffered stroke; hospital admitted liability and substantial verdict resulted. On appeal hospital contended patient's experts lacked foundation and they testified beyond the confines of the opinion disclosures. The Idaho rule does not require a disclosure of everything that a non-retained expert may testify about; rather, it requires disclosure of that which the expert is expected to testify about. Here cross-examination of a treating physician opened the door to additional opinions. Also a life care planner was properly allowed to testify because the hospital did not demonstrate that experts in the life-care planning field do not rely on the type of information relied upon by the witness in forming their opinions. Thus the court in Herrett v. St. Luke's Magic Valley Regional Med. Ctr., Ltd., 2018 WL 4265728 (Idaho September 6, 2018) properly affirmed the judgment for plaintiff.  


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