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Macaulay v. Anas

321 F.3d 45 (2003)

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Macaulay v. Anas

United States Court of Appeals for the First Circuit

321 F.3d 45 (2003)

Facts

Katherine Macaulay (plaintiff) had back surgery performed by Dr. Peter Anas (defendant). The surgery did not go as planned, and Macaulay sued Anas for negligence in the United States District Court for the District of Massachusetts. During trial, Macaulay called another one of her doctors, Dr. Todd Albert, as a witness. On direct examination, Albert testified that Anas had misplaced screws in Macaulay’s spine during the surgery. On cross-examination, Anas’s attorney asked Albert about the standard of care due to Macaulay. Albert testified that although the screws were misplaced, that did not necessarily mean that Anas had breached the standard of care. Macaulay’s objection to this testimony was overruled. The jury returned a verdict in Anas’s favor. Macaulay appealed, arguing that the cross-examination of Albert improperly exceeded the scope of his direct examination.

Rule of Law

Issue

Holding and Reasoning (Selya, J.)

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