Kentucky Supreme Court

Ira Branham v. Troy C. Rock, M.d. Larry L. Britt…

December 18, 20142014 Ky. LEXIS 606

Summary

The Kentucky Supreme Court affirmed the trial court’s judgment for the physicians and the grant of sovereign immunity to the medical center and hospital corporation, holding that the exclusion of evidence about the physicians’ licensure issues, the allowance of multiple expert witnesses, and the jury instruction used were proper. The Court applied its three‑part test for admissibility of collateral misconduct evidence and found no abuse of discretion. Justice Venters filed a concurring opinion arguing the jury instruction should have focused on the failure to diagnose, but concluded the error was harmless.