Kace v. Liang
Annotate this CaseIn 2008, Plaintiff commenced this wrongful death action as the administrator of the decedent’s estate alleging that Defendant’s medical care and treatment of the decedent was negligent and grossly negligent and that Defendant’s substandard medical care caused the decedent’s death. The jury found Defendant negligent in his medical treatment of the decedent and that his negligence caused the decedent’s death but did not find Defendant to have been grossly negligent. The Supreme Judicial Court affirmed, holding (1) Plaintiff met the basic disclosure requirements of Mass. R. Civ. P. 26(b)(4)(A)(i) to disclose the substance of and grounds for the opinions of an expert witness; and (2) certain materials obtained from the Internet and used during Plaintiff’s examination of Defendant did not qualify under the “learned treatise” exception to the hearsay rule adopted in Commonwealth v. Sneed, but the error did not result in undue prejudice to Defendant; and (3) the trial judge erred in precluding Defendant’s counsel from using one of the decedent’s prior medical records in his cross-examination of Plaintiff’s sole expert witness, but the error was not prejudicial.
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