Lis v. Robert Packer Hospital
United States Court of Appeals for the Third Circuit
579 F.2d 819 (3d Cir. 1978)
Debbie and Edwin Lis (plaintiffs) sued Robert Packer Hospital, Guthrie Clinic, and Dr. Wayne Allen (defendants) after Allen misdiagnosed their four-month-old son Jason with diabetes and gave him an insulin shot; Jason didn't actually have diabetes, and he subsequently developed seizures resulting in brain damage. At trial, the defendants argued Jason's condition stemmed from a pre-existing congenital brain disease rather than the insulin shot, and when the plaintiffs called Jason's pediatrician to testify about his normal early development, the defendants' cross-examination exceeded the scope of that direct testimony; the trial judge allowed it over objection, stating plainly that he permitted such expanded cross-examination 'in every case unless it causes confusion.' The jury found Allen negligent but concluded that negligence wasn't the proximate cause of Jason's injuries, and the plaintiffs appealed the cross-examination ruling.
Whether Rule 611(b) of the Federal Rules of Evidence confers upon a judge the right to permit cross-examination beyond the scope of direct examination in every case.