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Dorsey v. Nold

2/10/2000

reference to them will only be disturbed upon a showing of prejudicial abuse of discretion." Fleming v. Prince George's County, 277 Md. 655, 679 (1976).


The record reflects that Dr. Nold passed the examination and became board certified shortly after he treated Candace. He had been board certified for about four years at the time of trial, and was serving as the Assistant Chief of Pediatrics at the Anne Arundel Medical Center. The trial court determined that the fact that the doctor failed his first attempt to pass the examination had little bearing on his competency or credibility, but might unfairly cast him in a bad light and cause him embarrassment. Under the circumstances, we perceive no abuse of discretion. See generally Gossard v. Kalra, 684 N.E.2d 410 (Ill. App. Ct. 1997) (trial court did not abuse its discretion by barring evidence of defendant physician's prior failures to obtain board certification where defendant was certified when he treated the plaintiff).


Evidence regarding the applicable standard of care was elicited from expert witnesses other than Dr. Nold. The trial court did not err or abuse its discretion in excluding evidence that Dr. Nold had once failed an examination that he subsequently passed years before trial.


JUDGMENT AFFIRMED; APPELLANTS TO PAY THE COSTS.






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