Legal Opinion

Phillips v. Eastern Maine Medical Center

Supreme Judicial Court of Maine

Decided October 12, 1989PublishedCited by 26 opinions

1Opinion of the Court

ROBERTS, Justice.

The Eastern Maine Medical Center (Medical Center) appeals from a judgment entered after a jury trial in Superior Court (Penobscot County, McKinley, J). The jury found that Norman Gardner’s death was the result of the failure of the Medical Center’s staff to detect and repair an esophageal tear. The Medical Center challenges the sufficiency of expert testimony on causation, an evidentiary ruling on the introduction of a deposition, and the jury instructions. It also contends the damages awarded are excessive. Because we agree with the last contention only, we order a…

2Cases cited10 opinions

  1. Gooding v. University Hosp. Bldg., Inc.Supreme Court of Florida · 1984
  2. Cooper v. Sisters of Charity of Cincinnati, Inc.Ohio Supreme Court · 1971
  3. Roberson v. CounselmanSupreme Court of Kansas · 1984
  4. Northern Trust Co. v. Louis A. Weiss Memorial HospitalAppellate Court of Illinois · 1986
  5. Curry v. SummerAppellate Court of Illinois · 1985

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3Cited by26 opinions

  1. Samaan v. St. Joseph HospitalCourt of Appeals for the First Circuit · 2012
  2. Fennell v. Southern Maryland Hospital Center, Inc.Court of Appeals of Maryland · 1990
  3. Finkelstein v. District of ColumbiaDistrict of Columbia Court of Appeals · 1991
  4. Merriam v. WangerSupreme Judicial Court of Maine · 2000
  5. Choctaw Maid Farms, Inc. v. HaileyMississippi Supreme Court · 2002

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