Adverse Inference • Pathology Evidence • Clinical Judgment
Vaccaro v. Scranton Quincy Hosp., PICS Case No. 16-1385 (C.P. Lackawanna Oct. 27, 2016) Nealon, J. (11 pages).
Medical malpractice complaint regarding hospital and physician conduct during the delivery of a child who was born hypoxic and ischemic saw motions from both sides seeking to limit expert testimony and other evidence. The parents of the child sought adverse inference instruction, which was declared relevant but premature prior to end of discovery. They also sought to prevent reference to evidence of pre-existing maternal conditions and to statements concerning the clinical judgment of the defendant hospital and physician, which were granted in part and denied in part.
