Z.R., a Minor, By and Through Her Mother and Next Friend, T.R. and By and Through Her Father and Next Friend, R.R. Missouri Cases

Z.R., a minor, sued Kansas City Pediatrics, LLC, and Scott Dattel, M.D., for medical malpractice related to the alleged negligent failure to diagnose and treat her hip dysplasia. After a jury found in favor of the defendants, the trial court granted Z.R.'s motion for a new trial, finding that a defense expert's trial testimony contradicted his deposition testimony and was not disclosed, causing substantial prejudice. The Missouri Court of Appeals, Western District, affirmed the trial court's judgment, concluding that the trial court did not abuse its broad discretion in granting a new trial due to the surprise expert testimony.