Friday, September 02, 2011

Eighth Circuit -- Elliot Kaplan v. Mayo Clinic

 Admission of entire patient file - which contained 54 mentions of insurance - and not giving limiting instruction was harmless error.

No error in admission of medical photos without clear chain of custody - putative manipulation is mere speculation.

No plain error in not mentioning doctor by name in jury instruction.

Doc should have done the biopsy - contract claim can go to trial.

Elliot Kaplan v. Mayo Clinic
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.