Quimbee logo
DMCA.com Protection Status

Aikman v. Kanda

975 A.2d 152 (2009)

Case BriefRelatedOptions
From our private database of 30,900+ case briefs...

Aikman v. Kanda

District of Columbia Court of Appeals

975 A.2d 152 (2009)

Facts

Evelyn Aikman (plaintiff) suffered a stroke during open-heart surgery to repair her mitral valve as a result of small particles somehow traveling to her brain. Aikman was convinced that the cardiac surgeon, Dr. Louis Kanda, either had not performed standard procedures known as air-drill procedures to remove air from her heart at the end of the surgery or had performed the air-drill procedures improperly. Aikman’s theory was that Kanda’s failure left air in her heart that then traveled to her brain and caused the stroke. Aikman sued Kanda for malpractice. At trial, Kanda testified that he had performed over 500 mitral-valve surgeries, that air-drill procedures were an integral part of the surgery, and that he had performed air-drill procedures every single time he had performed a mitral-valve surgery. The jury found for Kanda, and Aikman’s claims were dismissed. Aikman appealed, arguing that Kanda’s testimony that he always performed air-drill procedures in mitral-valve surgeries was inadmissible character evidence that Kanda was a careful person. Aikman also argued that even if the testimony qualified as habit evidence, habit evidence should not be admissible in a medical-malpractice case because a doctor never performs solely out of habit.

Rule of Law

Issue

Holding and Reasoning (Thompson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 552,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 552,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 552,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 30,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership