Gaydar v. Sociedad Instituto Gineco-Quirurgico Y Planificacion Familiar, 345 F.3d 15 (1st Cir. 2003). · Go Syfert
Gaydar v. Sociedad Instituto Gineco-Quirurgico Y Planificacion Familiar, 345 F.3d 15 (1st Cir. 2003). Cases Citing This Book View Copy Cite
“the proffered expert physician need not be a specialist in a particular medical discipline to render expert testimony relating to page 10 _______________________________ that discipline”
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discussed Cited as authority (verbatim quote) KLINGES v. POMERLEAU
D. Me. · 2022 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
the proffered expert physician need not be a specialist in a particular medical discipline to render expert testimony relating to that discipline.
discussed Cited as authority (quoted) Cruz-Aponte v. Doctors Center Hospital Inc.
D.P.R. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the proffered expert physician need not be a specialist in a particular medical discipline to render expert testimony relating to page 10 _______________________________ that discipline
discussed Cited as authority (rule) Misiph
D. Mass. · 2026 · confidence medium
See id. at 80-81 (thirty-three years of experience as federal agent specializing in financial fraud qualified expert to testify on tracking money in lock-box account); Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion, 345 F.3d 15, 24-25 (1st Cir. 2003) (general practitioner qualified to testify on ectopic pregnancies despite no specialization in obstetrics or gynecology).
discussed Cited as authority (rule) Lima
S.D. Fla. · 2025 · confidence medium
Fla. Aug. 8, 2016) (finding that expert did “not need to be a psychologist, psychiatrist, or orthopedic surgeon to render opinions” as to “the probable causes of Plaintiff’s knee pain, the probability of Plaintiff needing a knee replacement, and Plaintiff’s symptoms of depression”) (citing Gaydar v. Sociedad Instituto Gineco–Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir. 2003) (“[P]roffered expert physician need not be a specialist in a particular medical discipline to render expert testimony relating to that discipline . . ..
discussed Cited as authority (rule) Torres-Correa v. Instituto de Ojos y Piel, Inc
D.P.R. · 2025 · confidence medium
It is well established that “[t]he fact that [a] physician is not a specialist in the field in which he is giving his opinion affects not the admissibility of his opinion but the weight the jury may place on it.” Mitchell v. United States, 141 F.3d 8, 15 (1st Cir. 1998); Pages-Ramírez, 605 F.3d at 116 (holding that district court abused its discretion by excluding expert witness testimony where proffered expert was a specialist in pediatrics and neonatal and perinatal medicine, and the expert was to testify as to a cesarean section performed by an obstetrician-gynecologist); Gaydar v. Soc…
discussed Cited as authority (rule) Lopez-Concepcion v. Caribe Physicians Plaza Corporation
D.P.R. · 2024 · confidence medium
Throughout his extensive career, he has also held other 8 leadership positions in the medical field, such as Medical Services Department Director 9 of the Puerto Rico Medical Center San Juan, Puerto Rico (from 2009-2013). 10 In a medical malpractice case, an expert “need not be a specialist in a particular 11 medical discipline to render expert testimony relating to that discipline.” Gaydar v. 12 13 Sociedad Instituto Gineco-Quirurgico y Planaificacion Familiar, 345 F.3d 15, 24 (1st 14 Cir. 2003); see also Clemente Vizcarrondo v. United States, No. CV 17-1144 (RAM), 15 2020 WL 748840 , at …
discussed Cited as authority (rule) Shauntae Anderson v. William Crouch
4th Cir. · 2024 · confidence medium
Similarly, the First Circuit has recognized that “[t]he proffered expert physician need not be a specialist in a particular medical discipline to render expert testimony relating to that discipline.” Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir. 2003); see also Pages-Ramirez v. Ramirez-Gonzalez, 605 F.3d 109, 114 (1st Cir. 2010).
discussed Cited as authority (rule) Maxwell Kadel v. Dale Folwell
4th Cir. · 2024 · confidence medium
Similarly, the First Circuit has recognized that “[t]he proffered expert physician need not be a specialist in a particular medical discipline to render expert testimony relating to that discipline.” Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir. 2003); see also Pages-Ramirez v. Ramirez-Gonzalez, 605 F.3d 109, 114 (1st Cir. 2010).
discussed Cited as authority (rule) Mobius v. Quest Diagnostics Clinical Laboratories, Inc.
W.D.N.Y. · 2023 · confidence medium
Plaintiffs argue that a physician specializing in one area of medicine may testify as an expert witness regarding a different medical specialty provided the witness demonstrates sufficient familiarity with the relevant subject and standard of care. 3 See, e.g., Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion, 345 F.3d 15, 24 (1st Cir. 2003) (“The mere fact that Dr. Rodriguez was not a gynecologist does not mean that he was not qualified to give expert testimony regarding Gaydar’s pregnancy.
discussed Cited as authority (rule) Schultz v. The Harry S. Truman Scholarship Foundation
N.D. Cal. · 2023 · confidence medium
“To state a claim for violation of the Equal Protection Clause, a plaintiff 13 must show that the defendant acted with an intent or purpose to discriminate against him 14 based upon his membership in a protected class.” See Serrano v. Francis, 345 F.3d 15 1071, 1082 (9th Cir. 2003) (citation omitted); see also Maynard v. City of San Jose, 37 16 F.3d 1396 , 1404 (9th Cir.1994) (noting “[i]ntentional discrimination means that a 17 defendant acted at least in part because of a plaintiff's protected status”) (emphasis in 18 original) (citation omitted).4 Consistent therewith, “claims bas…
discussed Cited as authority (rule) Washington v. California Department of Corrections & Rehabilitation
N.D. Cal. · 2023 · confidence medium
To state a claim for relief, the plaintiff must allege that the defendant state 13 actor acted at least in part because of the plaintiff’s membership in a protected class. 14 Furnace v. Sullivan, 705 F.3d 1021, 1030 (9th Cir. 2013); Serrano v. Francis, 345 F.3d 15 1071, 1081-82 (9th Cir. 2003); see also Byrd v. Maricopa Cnty.
discussed Cited as authority (rule) Dachman v. Maestre-Grau
D.P.R. · 2022 · confidence medium
An expert physician need not be “a specialist in a particular medical discipline to render expert testimony relating to that discipline.” Gaydar v. Sociedad Instituto Gineco- Quirurgico y Planificacion, 345 F.3d 15, 24 (1st Cir. 2003) (citation omitted).
discussed Cited as authority (rule) Vega-Martinez v. Hospital San Antonio, Inc.
D.P.R. · 2022 · confidence medium
Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion, 345 F.3d 15,25 (1st Cir. 2003) Finally, “the trial court must determine that the proffered expert witness is “qualified as an expert by knowledge, skill, experience, training, or education” before permitting his testimony to be presented to the jury.” Id. (emphasis ours) HSA posits that Dr. Miranda is not sufficiently qualified in this case to assist the court since he was “only a physician working in the emergency field, who does not have knowledge, skill, experience, training and education to permit his testimony to be…
cited Cited as authority (rule) Travelers Casualty & Surety Company of America v. Vazquez-Colon
D.P.R. · 2021 · confidence medium
Gaydar v. Sociedad Instituto 7 Gineco–Quirúrgico y Planificación Familiar, 345 F.3d 15, 24 (1st Cir. 2003).
discussed Cited as authority (rule) Burnett v. Ocean Properties, Ltd.
1st Cir. · 2021 · confidence medium
We apply the plain error doctrine "stringently" in civil cases and "will reverse only if the error [also (4)] 'seriously affected the fairness, integrity or public reputation of the judicial proceedings.'" Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion, 345 F.3d 15, 22-23 (1st Cir. 2003) (quoting Smith v. Kmart Corp., 177 F.3d 19, 26 (1st Cir. 1999)).
examined Cited as authority (rule) Gonzalez-Arroyo v. Doctors' Center Hospital Bayamon, Inc. (3×) also: Cited "see", Cited "see, e.g."
D.P.R. · 2020 · confidence medium
The First Circuit has reiterated that an expert physician does not need to be “a specialist in a particular medical discipline to render expert testimony relating to that discipline.” Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion, 345 F.3d 15, 24 (1st Cir. 2003).
examined Cited as authority (rule) Clemente-Vizcarrondo v. Veterans Affairs Medical Center (VA Hospital) (3×) also: Cited "see", Cited "see, e.g."
D.P.R. · 2020 · confidence medium
The First Circuit has reiterated that an expert physician does not need to be “a specialist in a particular medical discipline to render expert testimony relating to that discipline.” Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion, 345 F.3d 15, 24 (1st Cir. 2003).
discussed Cited as authority (rule) Lopez-Ramirez v. Grupo HIMA-San Pablo, Inc. (2×) also: Cited "see, e.g."
D.P.R. · 2020 · confidence medium
The First Circuit has reiterated that an expert physician does not need to be “a specialist in a particular medical discipline to render expert testimony relating to that discipline.” Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion, 345 F.3d 15, 24 (1st Cir. 2003).
discussed Cited as authority (rule) Guzman-Fonalledas v. Hosp. Expañol Auxilio Mutuo
usdistct · 2018 · confidence medium
But the First Circuit made clear in Gaydar , "[t]he proffered expert physician need not be a specialist in a particular medical discipline to render expert testimony relating to that discipline." 345 F.3d at 24 (holding that "the mere fact that [an expert] was not a gynecologist does not mean that he was not qualified to give expert testimony regarding [the Plaintiff's] pregnancy").
discussed Cited as authority (rule) Torres-Rivera v. Centro Medico Del Turabo Inc.
D.P.R. · 2016 · confidence medium
The trial court serves a gatekeeping function to ensure the witness’s “specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue[.]” Id.; Pagés-Ramirez, 605 F.3d at 113 (citing Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir. 2003).
discussed Cited as authority (rule) Milward v. Rust-Oleum Corp. (2×)
1st Cir. · 2016 · confidence medium
Take the district judge's fixation on her saying that she was "not an epidemiologist" and "not a researcher." Time and again we have said that one "need not be a specialist in a particular medical discipline to render expert testimony relating to that discipline." Gaydar v. Sociedad Instituto Gineco– Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir. 2003); see also Pagés-Ramírez, 605 F.3d at 116-17 .
discussed Cited as authority (rule) Hidalgo County, Texas v. Dora Herrera, Individually, and as Representative of the Estate of Reynaldo Herrera, Eric Herrera, Efren Herrera, Michael Herrera, Jessica Herrera Rodriguez, Celia Herrera, Vanessa Herrera, Veronica Herrera Rodriguez Herrera, and Rey Herrera
Tex. App. · 2015 · confidence medium
App. 2011) (observing that while many jurors will be aware of the subject matter of the expert’s testimony, that does not mean that they ″all″ will have that knowledge ″or that the jurors will have the depth of understanding needed to resolve the issues before them″). 202 See Gaydar v. Sociedad Instituto Gineco-Quirurgico & Planificacion Familiar, 345 F.3d 15, 24 (1st Cir. 2003) (declaring that the judge must decide ″whether the scientific, technical, or other specialized knowledge [the expert] offers ″will assist the trier better to understand a fact in issue’″). 203 Tyus v.…
discussed Cited as authority (rule) E.L.A.C. v. Hospital Hermanos Melendez, Inc.
D.P.R. · 2014 · confidence medium
“The proffered physician[, however,] need not be a specialist in a particular medical discipline to render expert testimony relating to that discipline.” Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion, 345 F.3d 15, 24 (1st Cir.2003).
discussed Cited as authority (rule) Torres v. Mennonite General Hospital Inc. (2×) also: Cited "see, e.g."
D.P.R. · 2013 · confidence medium
Gaydar v. Sociedad Instituto Gineco-Quirúrgico y Planificación Familiar, 345 F.3d 15, 24 (1st Cir.2003).
discussed Cited as authority (rule) Clena Investments, Inc. v. XL Specialty Insurance
S.D. Fla. · 2012 · signal: cf. · confidence medium
Cf. McDowell v. Brown, 392 F.3d 1283, 1297 (11th Cir.2004) (citing Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir.2003)) (a proffered expert physician need not be a specialist in a particular medical discipline to render expert testimony relating to that discipline); Traveler Indem.
discussed Cited as authority (rule) Gay v. Stonebridge Life Insurance
1st Cir. · 2011 · confidence medium
Stonebridge argues that our review should only be for plain error because Gay failed to *62 make timely and specific objections to the admission of Dr. Rizzoli’s testimony and so failed to preserve them for appeal, citing Gaydor v. Sociedad Instituto Gineco-Quirurgico y Planificación Familiar, 345 F.3d 15, 22 (1st Cir.2003).
discussed Cited as authority (rule) Crispin-Taveras v. Municipality of Carolina
1st Cir. · 2011 · confidence medium
“We apply the plain error doctrine ‘stringently’ in civil cases,” Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 23 (1st Cir.2003) (quoting Trull v. Volkswagen of Am,., Inc., 320 F.3d 1, 6 (1st Cir.2002)), and we are not persuaded that this is “one of those rare occasions when the standard is met,” Diaz-Fonseca v. Puerto Rico, 451 F.3d 13, 36 (1st Cir.2006).
discussed Cited as authority (rule) Crispin-Taveras v. Peraza-Delgado
1st Cir. · 2011 · confidence medium
"We apply the plain error doctrine 'stringently' in civil cases," Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 23 (1st Cir. 2003) (quoting Trull v. Volkswagen of Am., Inc., 320 F.3d 1, 6 (1st Cir. 2002)), and we are not persuaded that this is "one of those rare occasions when the standard is met," Diaz-Fonseca v. Puerto Rico, 451 F.3d 13, 36 (1st Cir. 2006).
discussed Cited as authority (rule) Maine Human Rights Commission v. Sunbury Primary Care, P.A.
D. Me. · 2011 · confidence medium
The Court’s “gatekeeping function requires [it] to determine, given the proffered expert’s background, whether the scientific, technical, or other specialized knowledge he offers ‘will assist the trier better to understand a fact in issue.’ ” Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir.2003) (quoting United States v. Alzanki, 54 F.3d 994, 1005 (1st Cir.1995)).
discussed Cited as authority (rule) Morin v. Eastern Maine Medical Center
D. Me. · 2010 · confidence medium
Although the “gatekeeping function requires the trial court to determine, given the proffered expert’s background, whether the scientific, technical, or other specialized knowledge [she] offers will assist the trier better to understand a fact in issue,” Gaydar v. Sociedad Instituto Gineco-Qui *88 rurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir.2003) (quotation marks and citation omitted), this function is “a flexible one” that “depends upon the particular circumstances of the particular case at issue.” Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 150 , 119 S.Ct. …
discussed Cited as authority (rule) Cruz-Vázquez v. Mennonite General Hospital, Inc. (2×)
1st Cir. · 2010 · confidence medium
Generally, if an expert has “scientific, technical, [and] other specialized knowledge” that “will assist the trier better to understand a fact in issue,” Gaydar v. Sociedad Instituto Gineco-Quirurgico Y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir.2003) (quotation marks omitted), and that knowledge “rests on a reliable foundation,” Mooney, 315 F.3d at 62 (quotation marks omitted), that testimony must be admitted.
discussed Cited as authority (rule) PAGÉS-RAMÍREZ v. Ramirez-Gonzalez (2×)
1st Cir. · 2010 · confidence medium
Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir.2003).
discussed Cited as authority (rule) Pagés-Ramírez v. Ramírez-González (2×)
1st Cir. · 2010 · confidence medium
Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir.2003).
discussed Cited as authority (rule) Trafton v. Sunbury Primary Care, P.A. (2×)
D. Me. · 2010 · confidence medium
While the “gatekeeping function requires the trial court to determine, given the proffered expert’s background, whether the scientific, technical, or other specialized knowledge he offers will assist the trier better to understand a fact in issue,” Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir.2003) (quotation marks and citation omitted), this function is “a flexible one” that “depends upon the particular circumstances of the particular case at issue.” Kumho Tire Co. v. Carmichael, 526 U.S. 137, 150 , 119 S.Ct. 1167 , 143 L.Ed.2…
discussed Cited as authority (rule) Therrien v. Town of Jay
D. Me. · 2007 · confidence medium
In Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 24-25 (1st Cir.2003), the First Circuit concluded that the trial court did not err in allowing a general practitioner to testify regarding ectopic pregnancies, even though he was neither a gynecologist nor an obstetrician.
discussed Cited as authority (rule) United States v. Frabizio
D. Mass. · 2006 · confidence medium
In making this determination, the Court must consider, “given the proffered expert’s background, whether the scientific, technical, or other specialized knowledge he offers will assist the trier better to understand a fact in issue.” Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir.2003) (internal quotation omitted).
discussed Cited as authority (rule) Bado-Santana v. Ford Motor Co.
D.P.R. · 2005 · confidence medium
The court reminds the parties that, as far as medical expert testimony is concerned, under holdings of the First Circuit Court of Appeals at Mitchell v. United States, 141 F.3d 8, 15 (1st Cir.1998); Payton v. Abbott Labs., 780 F.2d 147, 155 (1st Cir.1985) and Gaydar v. Sociedad Instituto Genico Quirúrgico y Planificación Familiar, 345 F.3d 15, 24-25 (1st Cir.2003) using Doubert gate keeping standards, the opinion of a medical doctor is to be admitted even though he is not an expert in a specialized field of medicine v. the opinion of a specialized physician in the field.
discussed Cited as authority (rule) Roderic R. McDowell v. Pernell Brown
11th Cir. · 2004 · confidence medium
“The proffered physician need not be a specialist in the particular medical discipline to render expert testimony relating to that discipline.” See Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planifacacion, 345 F.3d 15, 24 (1st Cir.2003).
discussed Cited as authority (rule) Calvetti v. Antcliff
D.D.C. · 2004 · confidence medium
In order for the court to permit an expert witness to testify, it must be clear that the expert witness is “qualified as an expert by knowledge, skill, experience, training, or education...” Gay dar v. Sociedad Instituto Gineco-Quirurgico y Planificacion, 345 F.3d 15, 24 (1st Cir.2003); see also Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 137 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999) (stating that under Daubert, the court must ensure that the expert testimony is both relevant and reliable).
cited Cited as authority (rule) Zachar v. Lee
1st Cir. · 2004 · confidence medium
Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion, 345 F.3d 15, 24 (1st Cir.2003); Correa v. Cruisers, a Div. of KCS Int’l, Inc., 298 F.3d 13, 24 (1st Cir.2002).
cited Cited "see" Hernandez-Sanchez
D.P.R. · 2026 · signal: see · confidence high
See Gaydar v. Sociedad Instituto Gineco Quirúrgico y Planificación, 345 F.3d 15 , 24-25 (1st Cir. 2003).
cited Cited "see" Insulet Corporation v. EOFlow, Co. Ltd.
D. Mass. · 2025 · signal: see · confidence high
See Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion, 345 F.3d 15, 24 (1st Cir. 2003).
discussed Cited "see" Rivera v. Guevara
N.D. Ill. · 2018 · signal: see · confidence high
See id. (stating in dictum that would have been error to exclude doctor’s opinion “on the sole basis that his medical specialty was something other than gynecology or obstetrics” (quoting Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15 , 24–25 (1st Cir. 2003))).
cited Cited "see" Levin v. Dalva Brothers, Inc.
1st Cir. · 2006 · signal: see · confidence high
See Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Fam., 345 F.3d 15, 24-25 (1st Cir.2003).
discussed Cited "see" Santana Otero v. United States
D.P.R. · 2006 · signal: see · confidence high
See Gaydar v. Sociedad Instituto Gineco-Quimrgico y Planificación Familiar, 345 F.3d 15, 24 (1st Cir.2003) ("The proffered expert physician need not be a specialist in a particular medical discipline to render expert testimony relating to that discipline. [In essence,] the issues raised go to the weight of the testimony and not to the Daubert exclusion of the same.”).
cited Cited "see" Sloan v. State Farm Mutual Automobile Insurance
10th Cir. · 2004 · signal: see · confidence high
See Gaydar v. Sociedad Instituto Gineco-Qui-rurgico y Planificacion Familiar, 345 F.3d 15, 23-24 (1st Cir.2003); United States v. MacKay, 491 F.2d 616, 621-22 (10th Cir.1973) (criminal context).
discussed Cited "see, e.g." D.B.
M.D. Fla. · 2025 · signal: see, e.g. · confidence low
See, e.g., McDowell v. Brown, 392 F.3d 1283, 1297 (11th Cir. 2004) (“The proffered physician need not be a specialist in the particular medical discipline to render expert testimony relating to that discipline.”) (quoting Gaydar v. Sociedad Instituto Gineco–Quirurgico y Planifacacion, 345 F.3d 15 , 24 (1st Cir. 2003)).
discussed Cited "see, e.g." Hunt v. Covidien LP
D. Mass. · 2024 · signal: see also · confidence medium
United States v. Vargas, 471 F.3d 255, 262 (1st Cir. 2006), quoting United States v. Mahone, 453 F.3d 68, 71 (1st Cir. 2006); see also Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir. 2003) (qualifying a doctor as an expert on ectopic pregnancies 5 Rule 702 was amended in 2023 to clarify that Rule 104(a)’s preponderance standard applies to all prongs of Rule 702’s requirements.
discussed Cited "see, e.g." MAINE WINDJAMMERS INC v. SEA3 LLC
D. Me. · 2019 · signal: see also · confidence medium
“As such, expert witnesses need not have overly specialized knowledge to offer opinions.” Id.; see also, e.g., Gaydar v. Sociedad Instituto Gineco-Quirurgico y Planificacion Familiar, 345 F.3d 15, 24 (1st Cir. 2003) (concluding that a “proffered expert physician need not be a specialist in a particular medical discipline to render expert testimony relating to that discipline”).
discussed Cited "see, e.g." Sandra Hall v. Ann Flannery
7th Cir. · 2016 · signal: see also · confidence low
However, this argument ignores the fact that “[o]rdinarily, courts impose no requirement that an expert be a specialist in a given field.” Gayton, 593 F.3d at 618 (citation omitted); see also Gaydar v. Sociedad Instituto Gineco‐Quirurgico y Planifica‐ cion Familiar, 345 F.3d 15 , 24–25 (1st Cir. 2003) (“The proffered expert physician need not be a specialist in a particular medi‐ cal discipline to render expert testimony relating to that disci‐ pline.
Olga GAYDAR; Oleksandr Stepanov, Plaintiffs, Appellees,
v.
SOCIEDAD INSTITUTO GINECO-QUIRURGICO Y PLANIFICACION FAMILIAR D/B/A Clinica Gineco-Quirurgica; Hector E. Ortiz-Perez; Iris Maldonado; Conjugal Partnership Ortiz-Maldonado; Sindicato De Asegura-Dores Para La Suscripcion Conjunta De Seguro De Responsabilidad Medico-Hospitalaria (“Simed”), Defendants, Appellants
02-2359.
Court of Appeals for the First Circuit.
Sep 29, 2003.
345 F.3d 15
Jose A. Miranda Daleccio, with whom Ramonita Dieppa Gonzalez and Miranda Cardenas & Cordova were on brief, for appellants., Guillermo Macari, with whom Ramon M. Gonzalez was on brief, for appellees.
Lynch, Lipez, Howard.
Cited by 48 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: D. Puerto Rico (1)
LIPEZ, Circuit Judge.

This appeal challenges a substantial verdict against an abortion clinic for medical malpractice. The defendants ask us to vacate the jury verdict in favor of the plaintiffs, claiming that the court made a number of erroneous evidentiary rulings during the trial. After a careful review of the record, we affirm the verdict for the plaintiffs.

I.

Plaintiffs-appellees Olga Gaydar and Oleksandr Stepanov visited Sociedad Insti-tuto Gineco-Quirurgico y Planificación Familiar d/b/a Clinica Gineco-Quirurgica (“the clinic” or “Clinica”) on April 24, 2000, for the purpose of obtaining an abortion for Gaydar. Taking into consideration the date of her last menstrual period, Gaydar estimated that she was five weeks pregnant. After arriving at the clinic and completing the medical history forms provided to her, Gaydar underwent a pelvic examination, followed by a suction curettage [1] procedure intended to terminate her pregnancy. Following the procedure, she was given two instruction sheets that contained information outlining what symptoms could be expected after an abortion and what symptoms should be considered abnormal. The instructions also indicated that she should return to the clinic two weeks after the procedure for a follow-up appointment.

In the days after the procedure, Gaydar continued to experience nausea and breast tenderness; as she testified at trial, she “felt like [she] was still pregnant.” She purchased and performed a home pregnancy test, which returned a positive result. She also began experiencing pain in the lower area of her abdomen. On May 5, 2000, eleven days after the procedure, Gaydar and Stepanov returned to the clinic, and explained to a nurse and the receptionist that Gaydar was experiencing symptoms of pregnancy, had received a positive result on a home pregnancy test, and was in pain. The clinic employees explained to Gaydar and Stepanov that such reactions were normal following an abortion. Gaydar and Stepanov returned home without having seen a doctor that day.

On the morning of May 9, Gaydar began experiencing severe pain in her abdomen. She was unable to get out of bed and was nauseated. Stepanov took Gaydar to the emergency room at Pavia Hospital where she was initially diagnosed as suffering from septic shock, which the emergency room doctors attributed to her abortion. Dr. Natalio Bayonet, a gynecologist on staff at the hospital, arrived to treat Gay-dar. After reviewing a sonogram, he diagnosed her as suffering from a ruptured[*19] ectopic pregnancy. [2] Gaydar was stabilized in the emergency room and given a series of blood transfusions, after which Dr. Bayonet performed emergency surgery on her, extracting the remains of the ruptured ectopic pregnancy and removing her right fallopian tube. Gaydar was hospitalized for seven days following the surgery, five days of which were spent in the intensive care unit. As a result of the rupture and the surgery, Gaydar now has only one healthy fallopian tube and also has a scar on her abdomen.

Gaydar and Stepanov [3] brought a diversity action against the clinic, Dr. Hector Ortiz-Perez, [4] the owner of the clinic and the doctor who allegedly performed the attempted abortion, and the clinic’s insurance carrier, Sindicato de Aseguradores para la Suscripción Conujunta de Seguro de Responsabilidad Médico-Hospitalaria (“SIMED”). Gaydar alleged, inter alia, that the clinic and Dr. Ortiz-Perez negligently failed to detect her ectopic pregnancy on April 24 and May 5, thereby leading to the rupture of her fallopian tube and her need for emergency surgery on May 9. At trial, Gaydar called Dr. Jose Rodriguez as an expert witness. He testified that the clinic’s conduct varied from the applicable standard of care when its employees failed to give Gaydar any laboratory tests, including a pregnancy test, prior to the attempted abortion. Dr. Rodriguez also testified that the clinic employees with whom Gaydar spoke on May 5 should have called a doctor to examine her, given her symptoms. As part of her case-in-chief, Gaydar also called Dr. Bayonet, the gynecologist who performed her emergency surgery at Pavia Hospital. We discuss his testimony more fully in Part II.A, infra. In opposition, the defendants called Dr. Carlos Roure, who testified that there was nothing wrong with the care Gaydar received on April 24 and May 5 at the clinic because her symptoms did not indicate the presence of an ectopic pregnancy. After the presentation of evidence, the jury returned a verdict finding the defendants jointly and severally liable to Gaydar for $550,000 and to Stepanov for $75,000. The defendants now appeal from the entry of judgment on that verdict.

II.

The defendants allege a series of trial errors: (1) the district court erred in permitting Dr. Bayonet, listed by the plaintiffs as a witness who would testify about his treatment of Gaydar, to also testify as an expert witness; (2) the district court should have excluded plaintiffs’ expert witness, Dr. Jose Rodriguez, because he was not a gynecologist; (3) the district court showed bias against the defendants and abortion clinics; and (4) Dr. Rodriguez exceeded the bounds of his expert knowledge when he testified that medical records had been altered. We address these arguments in turn.

A. Inappropriate Expert Testimony

1. Dr. Bayonet’s Testimony

The testimony at issue involved colloquies between Dr. Bayonet and plaintiffs’ counsel on direct examination, and subse[*20] quently between Dr. Bayonet and defendants’ counsel on cross-examination, as well as some questions posed by the Court. On direct examination, after Dr. Bayonet answered a series of questions regarding Gaydar’s condition in the emergency room, her eventual diagnosis, and her emergency surgery, Gaydar’s counsel began the following exchange:

Q: Before she was taken to Pavia, what type of exams could have been performed on her to detect the ectopic pregnancy?
MS. DIEPA [Defendants’ counsel]: Objection. Way beyond the scope.
THE COURT: Why do you say it is beyond the scope? So what. He’s a physician. He is a gynecologist. He can answer those questions perfectly. I don’t see the problem with this. Overruled.
MR. MIRANDA [Defendants’ co-counsel]: And then, Your Honor, he has been offered to render testimony on his treatment of this lady at the time of the treatment, not before.
THE COURT: It doesn’t matter. Go ahead.
[DR. BAYONET]: Can you repeat the question, please?
Q: First of all, was it possible before May 9 when she was taken to the Pavia Hospital, whether it was possible to detect that [Gaydar] had developed an ectopic pregnancy?
A: Well, certainly a positive pregnancy test is usually done. You could probably have done an ultrasound examination. And this would probably have detected either a pregnancy in the tube or a dual pregnancy. [5] But I wasn’t there, so I don’t know what standard procedures they do in the facility where the abortion was done.

This was the extent of this line of inquiry of Dr. Bayonet on direct examination by Gaydar’s counsel. At the end of the cross-examination of Dr. Bayonet, defendants’ counsel had this exchange with him:

Q: And when [Gaydar] went to Clínica on April 24, 2000, she was approximately five weeks [pregnant]?
A: Yes.
Q: Is it possible to palpate an ectopic pregnancy five weeks old with no other signs or symptoms?
A: Well, if you do a real good pelvic exam, perhaps you could, but it could be easily missed.

The defendants argue on appeal that the court erred in overruling their “beyond the scope” objection during the direct examination of Dr. Bayonet because this objection advised the court that the questions posed by Gaydar’s counsel required Dr. Bayonet to provide expert testimony when he was only called as a fact witness. The defendants also contend that the court exacerbated its initial error by asking Dr. Bayonet a number of questions that also called for the testimony of an expert witness. This questioning came after defendants’ counsel had completed the cross-examination of Dr. Bayonet with the inquiry, quoted above, about the possibility of missing, during a pelvic exam, an ectopic pregnancy at five weeks gestation. The judge then immediately started his own line of questioning, which we set forth fully:

THE COURT: Let me ask you something, Doctor, myself, because I have doubt. If you had been called — this is hypothetical, of course. If you had been[*21] called to make this abortion yourself, what would you have considered doing under the circumstances in April? What would be the right thing to do?
THE WITNESS [Dr. Bayonet]: Well, I’m speaking from the point of view of a gynecologist.
THE COURT: Sure.
THE WITNESS: Number one, I would have verified that the pregnancy test was positive. If you suspect an ectopic pregnancy, perhaps you could do — if your pelvic exam demonstrated an ad-nexal mass, then probably an ultrasound would be in order. If the ultrasound demonstrated an intrauterine pregnancy, then there is no need to go any further, and you could go ahead and do the abortion.
A dual pregnancy would s[h]ow an ectopic pregnancy in the tube and/or in the uterus with a gestational sac and a fetal pole. In that case you could go ahead and do the abortion if you had that information. If you had an ultrasound, that would help in order to establish whether this pregnancy is in the uterus or not.
THE COURT: Okay. Would you take a look at [Gaydar’s medical record from Clínica on April 24], if you are so kind, and let me know whether that information was developed by the physician.
THE WITNESS: The record — I don’t see any laboratories here. There is no laboratory indicating that she has a positive pregnancy test. It is probably just by history that she had her last period in March 5, 2000. But I can’t see any evidence of a pregnancy test.
THE COURT: What about—
THE WITNESS: Also there is no mention of any ultrasound or anything like that.
THE COURT: Okay. Thank you.
MS. DIEPA [Defendants’ Counsel]: Your Honor, may we ask a few questions regarding that last line of testimony^]
THE COURT: Sure.
BY MS. DIEPA:
Q: Doctor, I’m showing you — you have in your hands ... the original records from Clínica Gineco-Quirurgica, and I direct your attention to the line where it says “ovaries and adnexa.” Are you there, Doctor? Isn’t it a fact that it says, “no masses palpable”?
A: It said “free, no tenderness. No masses palpable.”
Q: And you just testified here that an ultrasound will be appropriate if the physicians palpate a mass; am I correct?
A: Yes, that would be an indication of that.
THE COURT: Doctor, is the information on that record complete for you to decide whether this doctor did the right thing?
THE WITNESS: Well, he says that he didn’t find any masses. He says that there was no tenderness in the adnexa. He says that the uterus was five weeks gestational size. From what it said here in this record, all that I can say is that probably he suspected that there was an intrauterine pregnancy.
MS. DIEPA [Defendants’ Counsel]: We have no further questions, Your Honor.
THE COURT: Was that enough to go ahead with the abortion without more?
THE WITNESS: I would have liked to see a pregnancy test, number one. I know in these clinics they don’t do other tests.
THE COURT: I’m not asking you about what they do in the clinics. I’m asking the gynecologist, Dr. Bayonet, would[*22] you have gone ahead with this abortion under those circumstances.
THE WITNESS: No, I would not.

The defendants never raised any objections to the court’s questions.

2. Plain Error Review.

In objecting to plaintiffs’ question to Dr. Bayonet about the tests that the abortion clinic could have performed to detect Gaydar’s ectopic pregnancy, the defendants never explained to the district court the argument that they now make on appeal — namely, that such a question converted Dr. Bayonet from a fact witness to an expert witness, and hence ran afoul of Fed.R.Evid. 701 and Fed.R.Civ.P. 26 (requiring the designation of expert witnesses prior to trial). [6] Therefore, even if the question posed to Dr. Bayonet by plaintiffs’ counsel called for expert testimony (a question we do not decide), the defendants did not preserve their objection to this question. Moreover, defendants cannot object to any expert witness questions posed by the court to Dr. Bayonet because defendants adopted Dr. Bayonet as an expert witness in their cross-examination of him after the questions posed by plaintiffs’ counsel and the court. Hence, we review the argument about the testimony of Dr. Bayonet only for plain error. [7]

To demonstrate plain error, the defendants must show “(1) an error was committed; (2) the error was ‘plain’ (i.e. obvious and clear under current law); (3) the error was prejudicial (i.e. affected substantial rights); and (4) review is needed to prevent a miscarriage of justice.” Smith v. Kmart Corp., 177 F.3d 19, 26 (1st Cir.1999). We will reverse only if the error “seriously affected the fairness, integrity or public reputation of the judicial proceedings.” Id. (quoting Coastal Fuels of Puerto Rico, Inc. v. Caribbean Petroleum Corp., 79 F.3d 182, 189 (1st Cir.),[*23] cert. denied, 519 U.S. 927, 117 S.Ct. 294, 136 L.Ed.2d 214 (1996)). We apply the plain error doctrine “stringently” in civil cases. Trull v. Volkswagen of Am., Inc., 320 F.3d 1, 6 (1st Cir.2002). Without suggesting that there was any error in the court’s ruling on the testimony of Dr. Bayonet, we focus on the prejudice element of the plain error doctrine.

Even though Dr. Bayonet’s testimony supported the plaintiffs’ theory of the case, including the testimony objected to by defendants, the defendants immediately established through cross-examination of Dr. Bayonet that it would be easy to miss an ectopic pregnancy at five weeks through a pelvic exam. The defendants also used Dr. Bayonet’s training and experience as a gynecologist for their own benefit with their questions to him after the inquiries of the court. Moreover, Dr. Bayonet’s opinion testimony was only a brief supplement to the testimony of Dr. Rodriguez, plaintiffs’ expert, who testified at length that before performing the abortion, the doctor at the clinic should have ordered a number of laboratory tests, including a CBC (Complete Blood Count) test, pregnancy test, and urine test. He also testified that Gay-dar should have been referred to a doctor on May 5 when she returned to the clinic complaining of abdominal pains and pregnancy-related symptoms. In Dr. Rodriguez’s opinion, if a doctor had examined Gaydar on May 5, he reasonably could have detected her ectopic pregnancy.

In opposition, defendants’ expert, Dr. Roure, testified that Gaydar’s ectopic pregnancy could not have been discovered on the day she went in for her abortion because the fetus was too small and would not have been noticed during the course of a routine pelvic exam. He also stated that on neither April 24 nor May 5 did Gaydar present symptoms of an ectopic pregnancy that would have prompted a doctor to order a non-routine test, such as a sonogram, that may have detected the pregnancy in the fallopian tube.

Viewed in context, the testimony Dr. Bayonet gave in response to plaintiffs’ questions and those of the court was minimal in comparison to the substantial testimony given by Dr. Rodriguez and Dr. Roure. Additionally, Dr. Bayonet’s response — that he believed a positive pregnancy test is usually done and that an ultrasound could probably have been done that may have detected the ectopic pregnancy — did not specifically indict the defendants’ procedures or choices. On cross-examination, as noted, Dr. Bayonet offered some opinion testimony that was helpful to defendants. We are confident, therefore, that his limited opinion testimony in response to plaintiffs’ question and the questions posed by the court did not affect the substantial rights of the parties and, therefore, did not rise to the level of prejudice required by plain error review.

B. Judicial Bias

In a related argument, the defendants contend that the district court engaged in improper “judicial activism which displayed a predisposition and bias in favor of the Plaintiffs and against abortion clinics, such as the defendants [sic] facility.” Defendants suggest that this bias was illustrated in the court’s questioning of Dr. Bayonet, and also in a number of comments the court made to defendants’ counsel during sidebars. In these comments, the court suggested to defendants’ counsel that the clinic had committed negligence and should have settled the case prior to trial. [8]

[*24] The defendants never raised this bias argument with the district court. See Rodriguez-Hernandez v. Miranda-Velez, 132 F.3d 848, 857 (1st Cir.1998) (“Claims of judicial partiality must be raised at the earliest moment that a litigant becomes cognizant of the purported bias, and certainly not for the first time on appeal.”). Therefore, we also review this contention only for plain error.

It is within the court’s discretion to question a witness. See Fed.R.Evid. 614(b). The questions themselves were phrased in a neutral manner. The judge permitted follow-up cross-examination. The comments of concern, while reflecting skepticism about defendants’ theories and evidence, were made only at sidebar. See Rodriguez-Hernandez, 132 F.3d at 857 (dismissing defendants’ argument of judicial bias and citing fact that allegedly biased comments were made away from the jury). In his jury instructions, the judge specifically instructed the jury that “if you felt that I became impatient with the attorneys at some point in time or that I scolded them or that I had some sort of colloquy with them, you should not be influenced by that.” We credit the value of such instructions on plain error review. United States v. Houlihan, 92 F.3d 1271, 1286 (1st Cir.1996) (concluding that absent some evidence that the jurors ignored those instructions, “the trial court’s instructions ... precluded a finding of plain error”). We find no plain error warranting a new trial.

C. Qualifications of Plaintiffs’ Expert Witness

In their pre-trial disclosures, the plaintiffs designated Dr. Jose Rodriguez Crespo as their expert witness. Dr. Rodriguez is a medical doctor and general practitioner who acknowledged that he was not a specialist in gynecology or obstetrics. Defendants filed a motion in limine to exclude his testimony, arguing that he was not qualified to testify as an expert regarding ectopic pregnancies because he was not a doctor of obstetrics or gynecology. The court denied the motion, ruling that “the issues raised [by the defendants] go to the weight of the testimony and not to the Daubert exclusion of the same.” Defendants renewed their objection at trial, and the judge again denied it. ‘We review a trial court’s decision to admit or exclude expert testimony under an abuse of discretion standard.” United States v. Diaz, 300 F.3d 66, 74 (1st Cir.2002).

The trial court must determine that the proffered expert witness is “qualified as an expert by knowledge, skill, experience, training, or education” before permitting his testimony to be presented to the jury. Fed.R.Evid. 702. This gatekeeping function requires the trial court to determine, given the proffered expert’s background, whether the scientific, technical, or other specialized knowledge he offers “will assist the trier better to understand a fact in issue.” United States v. Alzanki, 54 F.3d 994, 1005 (1st Cir.1995) (quoting United States v. Sepulveda, 15 F.3d 1161, 1183 (1st Cir.1993)). The mere fact that Dr. Rodriguez was not a gynecologist does not mean that he was not qualified to give expert testimony regarding Gaydar’s pregnancy. The proffered expert physician need not be a specialist in a particular medical discipline to render expert testimony relating to that discipline. Mitchell v. United States, 141 F.3d 8, 15 (1st Cir.1998); Payton v. Abbott Labs, 780 F.2d 147, 155 (1st Cir.1985). In fact, it would have been an abuse of discretion for[*25] the court to exclude Dr. Rodriguez’s testimony on the sole basis that his medical speciality was something other than gynecology or obstetrics. See Holbrook v. Lykes Bros. S.S. Corp., 80 F.3d 777, 782 (3d Cir.1996) (“[T]he district court erred by finding that Dr. Carpenter was not qualified to render a diagnosis or to discuss the pathology report because he was not a pathologist, oncologist or expert in ‘definitive cancer diagnosis.’”). Although defendants also argued that Dr. Rodriguez “had only performed two [pelvic examinations] since his internship, and he had never palpated an ectopic pregnancy,” we cannot say that, given Dr. Rodriguez’s education and training, the district court abused its discretion in holding that his testimony would still be helpful to the jury in resolving this case.

D. Testimony on Record Alteration

The defendants argue that the district court also erred in permitting Dr. Rodriguez to testify as “a calligraphy expert.” Dr. Rodriguez testified that the copy of Gaydar’s medical records produced by the defendants for trial contained more information than the copy Gaydar herself received from the clinic after her abortion. Dr. Rodriguez also testified that the records the clinic produced for trial appeared to have more than one type of handwriting on them. He stated that these modifications to the record were not done in an appropriate manner: “If there is going to be any alteration or modification made by a doctor or any medical personnel to a patient’s record, to a hospital record or a record of any medical procedure, it has to be made with the initials of the person who has made those alterations in order to keep a record of the alteration that was actually made.”

The observations of Dr. Rodriguez regarding Gaydar’s medical records required no expertise in calligraphy. One does not need expertise in handwriting analysis to recognize the handwriting of two different people on the same document. Defendants have cited absolutely no case law holding otherwise. Dr. Rodriguez was also qualified to testify about the appropriate procedures for altering or modifying hospital or patient records. We reject the contention that Dr. Rodriguez’s testimony was improper.

III.

Finding no basis for undoing the work of the jury, we affirm the entry of judgment on the jury’s verdict in favor of Gaydar and Stepanov.

So ordered.

1

. A suction curettage is a method of early abortion in which a small tube attached to a suction machine is inserted through the patient's dilated cervix into the uterus, after which the contents of the uterus are emptied into the tube.

2

. An ectopic pregnancy is a form of pregnancy in which implantation of the fertilized egg occurs outside of the uterus, oftentimes in one of the fallopian tubes.

3

. Gaydar and Stepanov are married. Other plaintiffs included Gaydar's mother, Ludmil-la, her brother Oleg, and her sisters Daria and Julia. Prior to trial, all plaintiffs except Gay-dar and Stepanov dismissed their claims voluntarily.

4

.The plaintiffs also named Iris Maldonado, Dr. Ortiz-Perez's wife, and their conjugal partnership as defendants.

5

. A dual pregnancy is a pregnancy in which one embryo gestates in the uterus while another embryo gestates in the fallopian tube.

6

. Fed.R.Evid. 701 provides:

If the witness is not testifying as an expert, the witness’ testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, and (b) helpful to a clear understanding of the witness’ testimony or the determination of a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

Fed.R.Civ.P. 26(a)(2) provides in relevant part:

(A) In addition to the disclosures required by paragraph (1), a party shall disclose to other parties the identity of any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence.
7

. I have set forth here the respected views of my two colleagues on the reasons for plain error review of the entire colloquy with Dr. Bayonet. I view the situation somewhat differently, believing that defendants adequately apprised the court of the basis for their objection to the question from plaintiffs’ counsel to Dr. Bayonet about the tests that the abortion clinic could have performed, and that the court erred in overruling their objection. Hence, I would subject this ruling to harmless error review. I also disagree that defendants adopted Dr. Bayonet as an expert witness, believing that their questions to him were prompted by the court’s decision to allow Dr. Bayonet to offer expert testimony. Nevertheless, I agree that plain error review applies to the questions posed by the court because the defendants were required to object separately to the court’s questions pursuant to Rule 614, which provides that "objections to ... interrogation by [the court] may be made at the time or at the next available opportunity when the jury is not present.” Fed.R.Evid. 614(c). Defendants never made such an objection. In the end, however, the differing views of my colleagues and me on these procedural niceties do not matter. Even where I would apply harmless error review, I find no prejudice justifying a new trial. I further agree with my colleagues on their application of plain error review to the court's questioning of Dr. Bayonet. Hence we focus on the prejudice element of plain error review in evaluating Dr. Bayonet's testimony.

8

. For example, at sidebar, the court told Ms. Diepa, defendants’ counsel: "I think you should have settled this case. Let me tell you, you have a big problem on your hands.” La[*24] ter, during that same sidebar, the court stated to Ms. Diepa: “Don't be surprised by the kind of verdict that you are going to get in this case.”