Medical licensing board’s specific findings not admissible in judicial proceedings

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Appellant-Defendant, Michael A. Linton, M.D. (Dr. Linton), appeals the trial court’s Order entered on a jury verdict awarding Appellee-Plaintiff, Lawanda Davis (Davis), damages in the amount of one million two hundred fifty thousand dollars resulting from medical mismanagement of Davis’ labor and delivery. Dr. Linton raises three issues:

(1) Whether the trial court abused its discretion by admitting into evidence testimony regarding the proceedings and rulings of the Indiana Medical Licensing Board;

(2) Whether the trial court abused its discretion by excluding from evidence the Indiana Medical Review Panel’s statutory determination not to forward Dr. Linton’s name to the Medical Licensing Board; and

(3) Whether the trial court abused its discretion by disallowing Ivanka Prcevski (Nurse Prcevski), called as a skilled lay witness pursuant to Ind. Evidence Rule 701, to testify about her perceptions of the baby’s well-being during Davis’ labor and delivery.
Conclusion (slip op. at 29):  We conclude that whereas the licensure status of a physician who gives an expert opinion is admissible to impeach the physician’s opinion, the Board’s specific findings are not admissible in judicial proceedings. However, here the trial court properly admitted the specific findings because Dr. Linton opened the door to the evidence. Furthermore, we find that the trial court properly excluded the Panel’s determination not to forward Dr. Linton’s name to the Board. Lastly, we conclude that the trial court committed harmless error by refusing to admit Nurse Prcevski’s testimony.  Affirmed.

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Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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