Lira v. Albert Einstein Medical Center
Superior Court of Pennsylvania
559 A.2d 550 (Pa. Super. 1989)
Relevant factsFree
Lira (plaintiff) sued Albert Einstein Medical Center (defendant) for malpractice after being injured when a hospital doctor inserted a tube in her throat, and sought to introduce testimony that a third-party throat specialist examining her afterward remarked, 'Who's the butcher who do [sic] this?' The trial court initially admitted the statement but later granted a new trial after concluding that evidentiary ruling had been wrong, and Lira appealed that decision.
IssueFree
Whether a doctor's remark, made while examining a patient's injury, qualifies as an excited utterance or present sense impression exception to the hearsay rule.