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Verdicts
No Warning of Expert Testimony
The U.S. Court of Appeals for the Fourth Circuit recently determined that it was not error for the trial court to admit the Government's expert's testimony without notice to the opposing party, because the testimony mirrored that of another expert whose testimony was revealed to the plaintiff in a timely manner. Baker v. United States, 2016 U.S. App. LEXIS 7031 (4th Cir., 4/19/16).
Prisoner Gregory Earl Baker brought suit against the United States for medical malpractice, negligence and negligent infliction of emotional distress, based on what he alleged was inadequate treatment of his penile cancer. Delays in diagnosis and treatment, he claimed, led to the partial removal of his penis. Earlier diagnosis and treatment with less drastic procedures (a Mohs' surgery or brachytherapy), claimed the plaintiff, would have saved his penis.
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