Spalding v. ZATZ

In this medical malpractice case, Dr. David Spalding and Melbourne Internal Medicine Associates, P.A. (collectively, “Defendants”) appeal from an order granting a new trial to Itzak Zatz (“Plaintiff’), as personal representative of the estate of Margaret Zatz (“Mrs.Zatz”). The trial court granted a new trial based on its finding that one of Defendants’ experts, Dr. Berlet, substantially changed his testimony on a critical causation issue from deposition to trial, which surprised and prejudiced Plaintiffs case. Because Plaintiff failed to object to the testimony on this basis when it was…