Lira v. Albert Einstein Medical Center

WIEAND, Judge:

In this medical malpractice action, the trial court awarded a new trial on motion of the defendant-health care providers because of an erroneous evidentiary ruling which permitted a witness to testify that when the plaintiff-patient was examined by a non-testifying physician, the physician asked, “Who’s the butcher who [did] this?” On appeal, the plaintiffs argue that the physician’s declaration was properly received and did not warrant a new trial. In a cross-appeal, the defendant-health care providers argue that the trial court should have entered a judgment n.o.v. in their…