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Powell v. Catholic Medical Center3/21/2000
and the effect the drug Droperidol had on controlling the patient, and so instructed the jury. When the trial court admitted Dr. Lanes' report, it instructed the jury to use it only on the question of whether Droperidol was effective in controlling the patient. Further, in its jury charge, the trial court instructed:
Remember that any evidence which you heard for a limited purpose must be considered by you for that limited purpose only. You heard testimony about a report written by Dr. Lanes on June 23rd, 1993 about the effectiveness of the drug Droperidol and about [the patient's] alleged aggressive behavior. This document may only be considered by you for limited purposes. You may not consider the report itself on the question of whether the defendant had a duty to warn others about [the patient] before June 19th, 1993 because this report was not prepared until four days after the alleged incident in this case.
We presume that juries follow their instructions. See State v. Smart, 136 N.H. 639, 650, 622 A.2d 1197, 1210, cert. denied, 510 U.S. 917 (1993). When the trial court admitted the nurses' reports, it stated, "I'll [instruct the jury] again in my final instructions. I'll do it right now if people want me to and explain that this is coming in for a limited purpose. . . . It will not come in though on the issue of the duty of the doctors to warn because it's an event that occurred after the alleged incident." The defendants did not request a limiting instruction when the nurses' reports were admitted.
Additionally, the defendant CMC contends that the reports were inadmissible character evidence. See N.H. R. Ev. 404(b). It argues that the reports, which were created subsequent to the assault and stated that the patient acted aggressively, are not admissible to show that the patient acted aggressively on June 19. The trial court admitted the reports over the defendant's objection because " f it was a normal person in full control of their faculties . . . it would be very difficult to get it in . . . [however,] we're not dealing with a person that's in control, complete control of their faculties. We're dealing with someone who is aggressive and delusional." The record shows that the patient was laboring under the effects of his stroke and was often confused, disoriented, agitated, aggressive, and suffering from impaired cognition during his time at CMC. It further shows that the patient was not in "complete control of faculties." Use of Dr. Lanes' report was limited to showing the effect the drug had on the patient's behavior, not for demonstrating the patient's character.
Finally, the defendants contend that Dr. Lanes' report was inadmissible hearsay. The trial court admitted the report under the business records exception to the hearsay rule. See N.H. R. Ev. 803(6). The defendants argue that the court erred because neither the report's author, Dr. Lanes, nor a custodian of the record testified at trial. The plaintiff countered at trial that "[witnesses] testified that in the ordinary course of maintaining [someone like the patient] they bring in consulting physicians from different disciplines." She argued that Dr. Lanes was brought in by Dr. Curtis to aid in the team effort in treating the patient.
The business records exception requires the proponent of the document to produce the custodian of the record, or another qualified witness, to testify about the identity and mode of preparation of the proffered document, and to testify that it was made in the regular course of business at or near the time of the transaction recorded. Wallace v. Lakes Region Const. Co., Inc., 124 N.H. 712, 715-16, 474 A.2d 1037, 1039 (1984).
"The rationale b
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