Barnett v. Hidalgo

732 N.W.2d 472 (2007)

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Barnett v. Hidalgo

Michigan Supreme Court
732 N.W.2d 472 (2007)

Facts

Wapeka Barnett (plaintiff) hired three medical experts to prepare affidavits explaining why three doctors (defendants) had allegedly committed medical malpractice and caused her husband’s death. The experts prepared the affidavits using their own professional expertise and the information available. Barnett then filed the affidavits as part of her medical-malpractice complaint. During discovery, Barnett and her experts learned additional information that changed the experts’ opinions. At trial, the court allowed the experts’ original affidavits to be admitted as evidence. The court also allowed the experts to be cross-examined about the difference between the earlier affidavits and the experts’ current trial testimony. The jury found that there was no medical malpractice, and Barnett’s claims were dismissed. Barnett appealed, arguing that her experts’ affidavits should have been excluded as hearsay. The appellate court agreed and reversed the judgment. The doctors then appealed to the Michigan Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Markman, J.)

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