Medical Malpractice Surgery Video Admissible

The Second District Court of Appeals recently affirmed a trial court when it came to the issue of letting a jury see video of a surgery.  In Allstate v. Isensee, 39 Fla L. Weekly D1221, the court upheld a ruling from trial court Judge Linda Babb that let the jury see video of a surgery. Screen Shot 2014-07-01 at 1.40.15 PM In doing so, the 2nd DCA cited Pope v. State, 679 So.2d 710, 713 (Fla. 1996) and noted that “the test for admissibility of photographic evidence is relevancy rather than necessity”.  However, it noted that “relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence”.  See Section 90.403, Fla. Stat. (2011).   So, if you are a Plaintiff Lawyer and are trying a case, roll tape.

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