Martineau v. Mckenzie-Willamette Medical Center
332 Or. App. 473 (2024)
Facts
Aaron visited the emergency room experiencing chest pain and other symptoms. He got a chest X-ray from which it was concluded that there was no medical emergency. Aaron was sent home where he died 24 hours later. P sued Ds. The trial was a battle of experts and included opinions about whether the chest x-ray, admitted as Exhibit 7, was normal or abnormal. P called Dr. Patten, to establish that Ds had negligently reviewed that x-ray. During Patten's testimony, P put up boards displaying images of 'normal' chest x-rays, including a 'normal' chest x-ray from an unidentified 29-year-old male patient of Patten's that was marked as Exhibit 92. P explained that she was showing the normal X-rays 'for illustrative purposes,' which the court allowed. Later P asked Patten about a document marked 'Exhibit 92B,' which was described as a side-by-side comparison of two X-rays. Using Exhibit 92B, Patten described differences between the two X-rays and outlined what he considered an abnormal contour on Aaron's X-ray. P offered Exhibit 92B into evidence. D objected to its admission into evidence, stating that it should be allowed only as a demonstrative. The court stated that 'illustrative exhibits do not go into the jury.' P argued that Exhibit 92B was 'evidence of the opinion. The court disagreed. P appealed in part on this issue.
Nature Of The Case
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Issues
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Holding & Decision
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Legal Analysis
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