EDE V. ATRIUM SOUTH OB-GYN, INC.
642 N.E.2d 365 (1994)
NATURE OF THE CASE: This was a medical malpractice wrongful death action.
FACTS: Surgery was performed on Sheri for an abdominal hysterectomy but during that
procedure, the Dr. (D) discovered a cancerous tumor, which required further surgery. Sheri
died four days later. Charles, her executor, (P), sued for malpractice and wrongful death. A
Dr. Schneider testified on behalf of the operating surgeon. On an issue of commonality of
interests between the doctors because they carried the same insurance carrier, the court
ruled that the danger of prejudice outweighed the probative value of such testimony. The
court did not let in the evidence that both doctors were insured by the same company and
that the expert was an actual part owner of the company. P appealed the verdict.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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