McDermott v. Manhattan Eye, Ear and Throat Hospital, 15 N.Y.2d 20 (1964)

In a medical malpractice action, the plaintiff may call the defendant doctor to the stand and question them as both a factual witness about the case and as an expert to establish the accepted medical practice in the community.

Summary

Kathleen McDermott sued several doctors and a hospital for malpractice, alleging they misrepresented the outcome of a corneal transplant surgery and that the surgery was contraindicated given her condition. The trial court dismissed the complaint after the plaintiff failed to provide expert medical testimony supporting her claim of malpractice. The Appellate Division modified the dismissal to be “without prejudice.” The New York Court of Appeals addressed whether the plaintiff should have been allowed to establish her claim by questioning the defendant doctors about whether the surgery was proper given the plaintiff’s condition. The Court of Appeals held that a plaintiff in a malpractice action can call the defendant doctor to testify as both a factual witness and an expert witness to establish the accepted medical practice.

Facts

Kathleen McDermott, suffering from a corneal disease, consulted Dr. Schachat, who suggested a corneal transplant. Dr. Schachat referred her to Dr. Patón. Dr. Patón diagnosed her with Fuch’s dystrophy. He recommended a curettement followed by a corneal transplant on her left eye. Dr. Kleinhandler performed the operations under supervision. The operations were unsuccessful, rendering her left eye virtually blind. McDermott sued, claiming misrepresentation and that the surgery was contraindicated.

Procedural History

The trial court dismissed the complaint against all defendants at the close of the plaintiff’s case due to lack of expert testimony. The Appellate Division affirmed the dismissal as to some defendants but modified as to others, Drs. Patón and Kleinhandler, and the hospital, making the dismissal “without prejudice,” allowing the plaintiff to refile the case. The plaintiff appealed to the New York Court of Appeals.

Issue(s)

Whether a plaintiff in a medical malpractice case can call the defendant doctor to the stand and question them as an expert witness to establish the accepted medical practice and whether the defendant’s actions deviated from that standard.

Holding

Yes, because the defendant doctor’s knowledge of proper medical practice and any deviation is relevant to the case, and enabling the plaintiff to access this information aligns with the purpose of the adverse-party-witness rule. This is especially important when securing independent expert witnesses is difficult.

Court’s Reasoning

The Court of Appeals reasoned that while some jurisdictions limit the scope of questioning defendant doctors to only factual matters, allowing inquiry into expert opinions aligns with the purpose of the adverse-party-witness rule. This rule intends to allow “the production in each case of all pertinent and relevant evidence that is available from the parties to the action.” The court acknowledged the difficulty in securing independent expert witnesses who are willing to testify against other doctors. Allowing the plaintiff to question the defendant doctor as an expert addresses this challenge. The court distinguished this case from People ex rel. Kraushaar Bros. & Co. v. Thorpe, which held that a person cannot be compelled to testify as an expert against their will, noting that Kraushaar involved a disinterested witness, not a defendant in the action. The court emphasized that a defendant in a civil suit has no right to remain silent and must answer questions relevant to the issues. The court stated: “If a defendant in a malpractice action may truthfully testify that his conduct conformed to the standard required, his case is, of course, substantially strengthened and, if he cannot so testify, the plaintiff’s chances of recovery are unquestionably increased. In either case, the objective of the court in doing justice is achieved.”