Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Battle v. Memorial Hospital at Gulfport

United States Court of Appeals for the Fifth Circuit
228 F.3d 544 (5th Cir. 2000)


Daniel Battle, a minor, and his parents (plaintiffs) brought suit against Memorial Hospital at Gulfport and other doctors individually (defendants) for negligent medical treatment—specifically the misdiagnosis of Daniel’s viral encephalitis. Prior to trial, the magistrate judge barred the plaintiffs from introducing the deposition of their expert, Dr. Fred Lakeman, who was unavailable for testimony at trial. Lakeman had run some tests on Daniel that had indicated that Daniel had herpes simplex encephalitis (HSE), a rare version of viral encephalitis. The defendants contended that Daniel did not have HSE and the plaintiffs’ suit was based in part on this contention in that the defendants’ diagnosis resulted in a delay in giving Daniel the proper antibiotics. In addition, during discovery, the plaintiffs informed the defendants that plaintiffs’ expert, Dr. Lowell Young, would not be available for trial and gave notice for a videotape deposition of Young on September 3. On September 2, the plaintiffs moved for a continuance, thus possibly making Lowell available at trial. The magistrate judge granted the continuance motion, but later admitted the video deposition of Young as evidence and prohibited the plaintiffs from calling him as a live witness. At trial, the magistrate judge ruled for the defendants on the merits. The plaintiffs appealed on the grounds of the evidentiary rulings. In terms of Lakeman’s live testimony, the defendants responded to the appeal by asserting that Lakeman’s videotaped deposition was hearsay because the defendants did not cross-examine Lakeman to challenge his opinions.

Rule of Law


Holding and Reasoning (Parker, 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 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial