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Hansen v. Universal Health Services of Nevada Inc.3/24/1999
ough to return to the workforce. I disagree with the majority that this evidence was "collateral" and would "confuse the issues" in this case. This evidence was relevant similar-act evidence admissible to prove that Dr. Thalgott's negligence caused Hansen's severe and debilitating injuries. See Ginnis v. Mapes Hotel Corp., 86 Nev. 408, 415, 470 P.2d 135, 139 (1970) (evidence of subsequent, similar incidents is admissible to establish causation). After all, an objective government agency report noting that Dr. Thalgott's non-FDA approved steel plate procedure was successful only approximately fifteen percent of the time is highly relevant as to whether he acted within the standard of care. This statistical evidence is not collateral, and thus the district court abused its discretion in preventing Hansen from telling the jury about the other thirty-seven times Dr. Thalgott had performed this non-FDA approved procedure, and failed to return his patient to the workforce.
By its ruling, the district court prevented Hansen from mentioning an essential term on the consent form that he signed and from discussing numerous complications sustained by
"Dr. Thalgott's other patients who had the steel plate attached to their spine. By sanctioning these rulings, the majority opinion is permitting the district court to selectively edit crucial documents and preventing a party from establishing the major adverse consequences of a medical procedure by using public records."
Accordingly, I respectfully Dissent, and I would reverse the judgment and remand for a new trial.
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