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Appeals court reviews excluded texts and alleged First Amendment claim in Tucker medical‑malpractice appeal
Summary
In a wrongful‑death malpractice appeal, the plaintiff criticized the trial judge’s exclusion of clinicians’ text messages and argued limiting orders and exclusions of ‘safety rules’ evidence inhibited presentation of foreseeability and consciousness‑of‑liability evidence; defense counsel countered that texts risked hearsay and prejudice and that the jury found no negligence.
The panel heard argument in Tucker v. Harris, a medical‑malpractice appeal stemming from the death of a young patient. Appellant counsel asked the court to find trial error in the exclusion of electronic communications — text messages and emails — that she said would have shown warnings from a supervising physician (Dr. Haines) to defendant Dr. McNeil and evidence of heightened mortality risk and clinician concern.
Counsel identifi…
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