(Download) "Miller V. Phillips" by Supreme Court of Alaska " Book PDF Kindle ePub Free
eBook details
- Title: Miller V. Phillips
- Author : Supreme Court of Alaska
- Release Date : January 12, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The parents of an injured newborn baby sued their midwife, claiming that she panicked during the delivery and negligently caused the injury. A jury found for the midwife. On appeal, the parents claim that the midwife's supervising physician should have been barred from testifying as an expert because he was called only as a fact witness; that testimony concerning the midwife's prior lack of panic should have been excluded as inadmissible character evidence; and that the jury should have been instructed to presume that the midwife's delivery-room notes were correct and accurate. We hold that the physician was entitled to express expert opinions formed as a supervisory participant; that evidence of the midwife's lack of prior panic was admissible to prove her ability to cope with panic situations; and that the jury could properly decide for itself if the delivery-room notes were complete and accurate.
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