Who decides on the admissibility of evidence? Until last month, most lawyers would have quickly answered: the judge. However, in Konop v. Rosen, the court answered: first the judge, then the jury.
It all began when Dr. Ellen Rosen perforated Adele Konop’s colon during a colonoscopy at an endoscopy center. When Konop was brought to the emergency room later that day for repair of the perforation, a first-year resident noted in the hospital record that the colon had been accidentally perforated because the patient “was moving too much at time of procedure.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
