Heather E. Turner, Below v. Delaware Surgical Group, P.a., Eric D. Kalish, M.d. and Michael K. Conway, M.d., Below

Summary

The court reversed the judgment for the defendants and remanded for a new trial because the trial court improperly allowed Dr. Kalish to provide undisclosed expert testimony concerning the significance of a pathology report, materially prejudicing Turner. The court upheld exclusion of the hospital's 24-hour operative-report rule as affirmative proof of negligence, but held that the trial court failed to apply the required analysis before excluding the rule for impeachment of Dr. Conway. The parties may litigate the impeachment issue again on remand under the applicable balancing factors.