Therefore, Plaintiff is required to produce an expert opinion on the standard of care and alleged deviation on this issue.ĭefendant’s Motion in Limine is granted. An average person would not know the effect of such medications let alone the appropriate dosages under certain circumstances. Plaintiff is claiming that Defendant’s employees and agents prescribed and subsequently administered excessive amounts of narcotic medication to Mr.
![warning label expert deposition warning label expert deposition](https://a2sound.com/wp-content/uploads/fanoutcolorcode.jpg)
#Warning label expert deposition trial#
Plaintiff is precluded from introducing at the trial in this matter Chaplain Bylerly’s aforementioned note or any testimony surrounding the content of the note. Indeed, Defendant would have no way of even defending the issue due to the speculation surrounding the circumstances of the alleged statement that the note documents. For example: who made the statement? and what is the error related to? Introduction of the note would cause the jury confusion and would certainly be unfairly prejudicial to the Defendant without answers to these questions. Chaplain Byerly’s note provides no sense of reliability because there are too many questions left unanswered. “The court may exclude relevant evidence if its probative value is outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury. That said, the Court agrees with Defendant that admission of this note and Chaplain Bylerly’s testimony would be more prejudicial to Defendant than it would be probative to Plaintiff. Chaplain Byerly testified that when she does her assessments, she does them “for the next chaplain and so the next chaplain can be aware that people were upset.” Chaplain Byerly herself can testify that she made the record at or near the time she heard the statements and that she regularly kept these types of records in the course of her job duties. This Court is of the opinion that, based on her testimony, Chaplain Byerly’s note does fall within the above hearsay exception.
![warning label expert deposition warning label expert deposition](https://www.freereferral.com/wp-content/uploads/2018/06/surgeons-working-on-patient-1024x520.jpg)
No family was present on Sunday afternoon. Chaplain does not know if family is aware of this, but staff has shared they are angry because someone told them he would die when he was taken off the vent and he did not die. Lutz was taken off the ventilator but continued to breathe on his own, the hospital chaplain, Marylou Byerly authored and charted the following note: David is breathing on his own on and off the vent. It is undisputed that on April 3, 2016, after Mr.