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Amy Revis v. Donald Bassman, M.D.

Citation: Not availableDocket: ED107663

Court: Missouri Court of Appeals; March 2, 2020; Missouri; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

A plaintiff appeals a jury verdict in favor of a doctor in a medical malpractice case alleging procedural errors during trial. The plaintiff argued that the trial court improperly limited cross-examination of the defense expert witness regarding tort reform activities, admitted unreliable expert testimony, excluded a medical database exhibit, and ruled against the weight of the evidence. The appellate court found the trial court abused its discretion by excluding evidence about the expert's tort reform activities, which could demonstrate bias, and thus reversed the judgment and remanded for a new trial. The court upheld the trial court's decisions to admit the expert testimony under Section 490.065 and exclude the database exhibit due to lack of foundation. The appellate court also addressed procedural deficiencies in the appeal but chose to review the case on its merits. Ultimately, the appellate court concluded that the jury was entitled to weigh the evidence as presented, supporting the lower court's procedural rulings while necessitating a new trial due to the exclusion of potentially bias-revealing testimony.

Legal Issues Addressed

Admissibility of Expert Testimony

Application: The court found no error in admitting the medical expert's testimony under Section 490.065, emphasizing the expert's qualifications and the logical basis of the testimony.

Reasoning: Revis argued that Dr. Grebing’s testimony failed to meet the reliability standards of Section 490.065.2, the court found it met the criteria due to Dr. Grebing’s qualifications, reliance on medical records, and relevant literature.

Appellate Review and Procedural Compliance

Application: The court noted deficiencies in the appellant's compliance with Rule 84.04 but elected to review the merits due to a clear articulation of legal arguments.

Reasoning: The court expresses a preference for reviewing the merits of an appeal instead of dismissing it due to noncompliance with procedural rules.

Cross-Examination and Bias Evidence

Application: The court ruled that the trial court abused its discretion by excluding testimony about the expert witness’s tort reform activities, which could have demonstrated bias.

Reasoning: The trial court improperly prohibited all inquiry into Dr. Grebing’s involvement in tort reform, limiting Appellant's ability to demonstrate potential bias, which constituted an abuse of discretion.

Exclusion of Evidence Due to Lack of Foundation

Application: The trial court's exclusion of Exhibit 166 was upheld due to a failure to establish its authoritativeness or relevance to the standard of care applicable at the time of treatment.

Reasoning: Revis attempted to establish a foundation for Exhibit 166 through Dr. Grebing's testimony, but Dr. Grebing indicated unfamiliarity with the database.

Weight of the Evidence in Jury Verdicts

Application: The court emphasized that a jury's verdict should not be overturned unless there is a complete absence of supportive facts, noting the jury's discretion in weighing evidence.

Reasoning: The court notes that the burden of proof rests on Revis to demonstrate that Dr. Bassman deviated from the standard of care.