2013 S.D. 7
S.D.2013Background
- Gregory Young, as special administrator, sued Dr. James Oury for medical negligence related to Kathy Young's Ross procedure in 2008.
- Kathy Young, age 56 with one kidney, faced informed-consent and eligibility questions for the Ross procedure, a more complex valve replacement.
- Dr. Oury testified about information given to Kathy using a comparative chart on valve survival, which Greg argued was not properly disclosed and lacked foundation.
- The chart was displayed to the jury and later deemed inadmissible; the court instructed the jury to disregard related testimony, but the impact remained.
- A missing video of Kathy’s surgery, created for teaching, was excluded from evidence, and Greg asked for a spoliation instruction which the court declined.
- The jury found for Dr. Oury; Greg sought a new trial, which the circuit court denied but this Court reversed and remanded for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of chart and related testimony | Oury’s chart lacked foundation and disclosure; prejudicial to informed-consent issue. | Chart was illustrative; foundation laid; curative instructions cured any error. | Admission prejudicial; new trial warranted |
| Relevance of Oury's suit against the hospital | Complaint shows motive to steer patients toward certain procedures; relevant to bias. | No relation between allegations and this case; not probative of patient consent. | No abuse; evidence properly excluded |
| Spoliation of evidence instruction for missing video | Video would prove/shed light on suitability for Ross procedure and consent; spoliation instruction warranted. | Insufficient evidentiary basis that video would have been admissible; instruction unwarranted. | Instruction not warranted; new trial still required for other errors |
| Overall prejudice and remedy | Multiple errors cumulatively prejudiced trial, affecting substantial rights. | Errors cured by curative instructions; no reversible prejudice. | New trial required |
Key Cases Cited
- United States v. Wells, 431 F.2d 432 (6th Cir. 1970) (prejudicial evidence; curative instruction may be insufficient)
- State v. McCarthy, 104 N.W.2d 673 (Minn. 1960) (foundational requirements and discovery considerations)
- State v. Winter, 477 A.2d 323 (N.J. 1984) (immediate curative instruction preferred; strike and admonish)
- State v. Engesser, 661 N.W.2d 739 (S.D. 2003) (spoliation and evidentiary inference standards)
- Kuper v. Lincoln-Union Elec. Co., 557 N.W.2d 748 (S.D. 1996) (evidentiary error review and abuse of discretion)