Burke v. Memorial Hospital

In this medical malpractice action, a Superior Court jury found that the defendants were negligent, but that their negligence was not the cause of the plaintiffs3 brain damage. The only issue presented in the appeal is: Did the judge err in his admission in evidence of certain personnel records which consisted of performance evaluations of the plaintiffs work by his supervisor and himself for the years 1977 through 1980? We rule the judge did not err and, therefore, affirm the judgment.

We summarize the pertinent evidence that forms the backdrop for the evidentiary ruling. The plaintiff was…