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Crowe v. Marchand
United States Court of Appeals for the First Circuit
506 F.3d 13 (2007)
Denise Crowe (plaintiff) fell rollerblading and hurt her wrist. Dr. Robert Marchand (defendant) was her treating physician, and after his diagnosis, he recommended conservative treatment rather than surgery. Crowe’s wrist worsened over a period of months. Ultimately, Crowe went to Dr. Edward Akelman, who performed surgery on the wrist, leaving Crowe with loss of half of her wrist-joint movement. Crowe sued Marchand for medical malpractice. At trial, Marchand called Dr. Bruce Leslie as an expert witness to testify that Marchand did not breach the proper standard of care in treating Crowe. In forming this opinion, Leslie relied on Crowe’s emergency room records, Marchand’s reports and notes, a radiologist’s report, Crowe’s physical therapy records, and Akelman’s notes. The jury found in Marchand’s favor. Crowe appealed, arguing that Leslie should have been required to inspect the X-ray and magnetic resonance imaging films himself rather than relying on the reports and interpretations of others.
Rule of Law
Holding and Reasoning (Selya, J.)
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