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Verdicts
Plaintiff Not Unfairly Surprised by Greater Detail in Expert Testimony
The Connecticut Appellate Court has affirmed that a party is properly informed of the substance of the opposing litigant's expert's expected testimony under Connecticut law if he is told the basic substance of that testimony, even if the testimony actually given in court goes into greater detail. Vitali v. Southern New England Ear, Nose, Throat and Facial Plastic Surgery Group, 2014 Conn. App. LEXIS 480 (Connecticut Appellate Court, 11/24/14).
To remove the benign tumor in the plaintiff's right parotid gland, the plaintiff's surgeon, Dr. Paul Fortgang, transected the facial nerve and then repaired it. After the operation, the plaintiff allegedly experienced difficulty smiling, raising her right eyebrow and closing her right eyelid. The plaintiff sued Dr. Fortgang and his medical practice for medical malpractice, and alleged that Fortgang did not properly identify and protect the facial nerve.
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