Branch v. Cleveland Clinic Found.Annotate this Case
This appeal involved three rulings in a medical-malpractice trial. Appellee suffered a stroke during brain surgery performed at Appellant, the Cleveland Clinic. Appellee sued the clinic, claiming its surgeon had struck a ventricle, thus causing the stroke. A verdict was entered for the clinic. The court of appeals found the trial court abused its discretion in (1) allowing the clinic to use demonstrative evidence recreating the surgery that was provided to Appellee's counsel ten minutes before the expert using it testified; (2) ordering counsel for Branch not to argue an inference that because the best piece of evidence was not saved, it must have been adverse to the clinic; and (3) instructing the jury that evidence of alternative medical approaches was not evidence of negligence. the Supreme Court reversed the judgment of the court of appeals and reinstated the jury verdict for the clinic, holding that the trial court did not abuse its discretion in any of the rulings at issue.