Niles et al v. Owensboro Medical Health System et al, No. 4:2009cv00061 - Document 243 (W.D. Ky. 2011)
Court Description: MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr on 7/26/11; Defendant's motion 179 in Limine to Prevent Subsequent Medical Articles is RESERVED for trial.cc:counsel (JBM)
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY OWENSBORO DIVISION CIVIL ACTION NO. 4:09-CV-00061-JHM KEISHA N. NILES, et al. PLAINTIFFS V. OWENSBORO MEDICAL HEALTH SYSTEM, INC, et. al. DEFENDANTS MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendants Charles F. Hobelman, III, M.D. and Emergency Physicians Group, PSC s ( Defendants ) Motions in Limine to Prevent Subsequent Medical Articles [DN 179]. Fully briefed, this matter is ripe for decision. I. DISCUSSION Defendants single sentence motion states that the Court should preclude any reference to any medical articles, published subsequent to the events in this case, as establishing the standard of care for emergency medicine physicians. Plaintiffs respond by stating that this motion is unsupported and overly broad. Plaintiffs further argue that publication dates for medical articles do not dictate when the information within the article was known or established. Plaintiffs argument is well taken. While there may be medical articles published after the events in question that are inadmissible, a blanket prohibition on such articles is overly broad and unwarranted. Therefore, the Court will RESERVE this issue for trial and address challenges to such articles on a case by case basis. II. CONCLUSION For the reasons set forth above, IT IS HEREBY ORDERED that Defendants Charles F. Hobelman, III, M.D. and Emergency Physicians Group, PSC s Motions in Limine to Prevent Subsequent Medical Articles [DN 179] is RESERVED for trial. July 26, 2011 cc: counsel of record 2
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