Missouri Court of Appeals, Eastern District / Apr 30, 2024
Jimmie Sue Marchbank and John Marchbank, Appellants, v. Amit Chakrabarty, M.D., and Urology Clinics of North Alabama, P.C., d/b/a Poplar Bluff Urology, Respondents.
Jimmie Sue and John Marchbank sued Dr. Amit Chakrabarty for medical negligence after Jimmie Sue suffered a permanent colostomy following a vaginal prolapse repair surgery. The jury returned a verdict for Dr. Chakrabarty, and the circuit court entered judgment. On appeal, the Marchbanks argued the circuit court erred by excluding evidence of Dr. Chakrabarty's prior disciplinary record, which they sought to use for impeachment when he testified as a non-retained expert. The appellate court reversed the judgment and remanded the case, holding that the exclusion of this impeachment evidence was an abuse of discretion and prejudicial error.