Miller v. Phillips

BRYNER, Justice.

The parents of an injured newborn baby sued their midwife, claiming that she panicked during the delivery and negligently caused the injury. A jury found for the midwife. On appeal, the parents claim that the midwife’s supervising physician should have been barred from testifying as an expert because he was called only as a fact witness; that testimony concerning the midwife’s prior lack of panic should have been excluded as inadmissible character evidence; and that the jury should have been instructed to presume that the midwife’s delivery-room notes were correct and…