Libbee v. Permanente Clinic

Plaintiff brought an action for damages for alleged medical malpractice against defendants. A judgment was entered for defendants pursuant to a jury verdict. Plaintiff filed a motion for a new trial which was granted and defendants appealed.

Defendants delivered plaintiff of a stillborn child by caesarean section, after which plaintiff became severely infected. She claimed defendants were negligent in several particulars, among which was a contention that a caesarean section was unnecessary.

'While the jury was deliberating it was discovered that an exhibit which was neither offered nor…