Chua v. Hilbert

In this medical malpractice case, the jury awarded substantial damages to the patient from her eye surgeon. On appeal the surgeon argues error in the trial court’s admission of surprise testimony by the patient’s expert witness as to whether the surgeon was negligent; in making the surgeon responsible for further injuries occurring during an attempt to correct his failed surgical procedure; and in permitting the patient’s expert to testify as to the informed consent claim. We affirm on all issues.

As to the surprise testimony regarding the surgeon’s negligence in performing the procedure, we…