Lis v. The Robert Packer Hospital

579 F.2d 819 (3d Cir. 1978)

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Nature of the Case

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Facts

At the age of four months, Jason was taken to the hospital's emergency room with breathing difficulties following an episode of possible aspiration of food. He was examined by Dr. Allen (D). Blood work revealed an exceptionally high blood sugar level of 367; a normal reading would have been in the 100-120 range. Dr. Allen (D) made a diagnosis of diabetes mellitus with diabetic acidosis and injected 15 units of regular insulin. Shortly after the incorrect diagnosis and insulin injection, Jason began undergoing serious seizures which continued throughout his hospitalization. Jason suffers from severe brain damage and mental retardation, and probably from blindness. P sued Hospital (D), Clinic (D) and Dr. Wayne Allen (D) for medical malpractice. P presented Dr. Pacanowski' testimony to describe their son's normal development during early pediatric care, his condition at the onset of seizure activity, and other details of Jason's stay at the hospital. On cross over the objection of P, the cross-examination was exceeding the scope of direct examination. The court ruled that it will permit inquiry in this case into matters beyond the scope of the direct on cross-examination as if it were on direct, and we will also permit that for purposes of credibility, too. Dr. Allen (D) was found negligent, but that the negligence was not the proximate cause of the injuries. P appealed.