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Verdicts

By ljnstaff | Law Journal Newsletters
March 01, 2017

Court Should Have Let Jury Consider All Evidence

The Court of Appeals of Arizona, Division One, has reversed a trial court grant of a defense motion to prohibit a jury's consideration of alleged negligent acts occurring after a date when a plaintiff expert opined that much of the damage that led to the decedent's death had already been done. Webster v. Windsong Medical Assocs., 2016 Ariz. App. Unpub. LEXIS 1655 (App. 2016).

The case arose when plaintiff's decedent Bettie Webster was hospitalized for a pulmonary embolism on Aug. 22, 2010, where she was prescribed the anti-coagulation medicine Coumadin. Bettie was in the hospital for several days and was eventually discharged by Dr. Ying Wang, who had assumed responsibility for her care mid-stay. Upon discharge, Dr. Wang advised Bettie to continue taking the Coumadin and to receive outpatient monitoring.

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