In their bill of particulars and supplemental bill of particulars, plaintiffs' only claim of malpractice was a failure to diagnose a skull fracture. At the trial, without prior notice to defendant hospital, plaintiffs were permitted to change completely their theory of liability. They called Dr. Eviatar, who was permitted to testify that plaintiff husband had not suffered a skull fracture but had sustained a tear in the window of his inner ear culminating in a total loss...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
