Atkinson v. Scheer

In this appeal of a judgment in a medical negligence action, we consider whether the defendant was entitled to present evidence that *450another doctor, who is not a party to this litigation, breached the standard of care owed to a patient.

Walter Atkinson, administrator of the estate of Ruby E. Atkinson (Atkinson), filed a motion for judgment against Daniel W. Scheer, a doctor of osteopathic medicine. The estate alleged that Dr. Scheer breached the standard of care owed to Atkinson and that her death was caused by Dr. Scheer’s negligence. Dr. Scheer filed a grounds of defense and denied any acts…