Martineau v. McKenzie-Willamette Medical Center

Aaron Martineau went to the emergency department of the McKenzie-Willamette Medical Center (McKenzie) (defendant) complaining of chest pain. McKenzie doctors took an X-ray but then sent Aaron home. He died about 24 hours later. Jamie Martineau (plaintiff), the personal representative of Aaron’s estate, filed a wrongful-death action against McKenzie and the individuals involved in Aaron’s care (defendants). The trial was largely a battle of experts offering differing opinions as to whether Aaron’s care aligned with accepted medical standards. Jamie called Dr. Patten as a witness to testify that McKenzie was negligent when reviewing Aaron’s X-ray. During Patten’s examination, Jamie asked Patten about exhibit 92B, which was marked as a demonstrative exhibit. It showed a side-by-side comparison of Aaron’s X-ray and a normal X-ray of a similar-aged patient. Patten described the differences between the two X-rays, highlighting what he considered to be an abnormal contour in Aaron’s X-ray. Jamie then offered the exhibit into evidence. McKenzie objected, arguing that the exhibit was demonstrative, not substantive, and should therefore not be admitted into evidence. The trial judge agreed, stating that the exhibit could be used for illustrative purposes during trial arguments but would not be admitted into evidence or sent with the jury during deliberations. The jury ultimately ruled in McKenzie’s favor. Jamie appealed, contesting the judge’s refusal to admit the exhibit into evidence and send it with the jury.