Superior Court Upheld Defense Verdict by Attorneys Cowhey & Martz in Medical Malpractice Trial

In a unanimous decision, the Superior Court upheld a defense verdict obtained by Burns White attorneys Carol Cowhey and Daniel Martz ain a medical malpractice trial involving an alleged missed diagnosis of sarcoma. The Superior Court affirmed the trial court’s denial of Plaintiffs’ request for a new trial, finding that the failure of Plaintiffs to seek a mistrial during trial waived their objection to the trial court’s alleged “reversal” of its ruling on a motion in limine. The trial court had ruled that a fax cover sheet which accompanied medical records from a referring physician could not be introduced by plaintiffs as evidence of what the standard of care required of the defendant dermatologic surgeon upon evaluation of the patient.  Burns White appellate attorney Ira Podheiser took the lead in defending the verdict before the Superior Court.