Galumbeck v. Lopez

Maritess Lopez died from aspiration pneumonia secondary to a surgery performed by Dr. Matthew Galumbeck. Plaintiff, Lopez's husband, brought a wrongful-death action against Galumbeck, another doctor, and Plastic Surgery of Tidewater. The trial entered judgment in favor of Plaintiff. Galumbeck appealed. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in (1) denying Galumbeck's motion for a mistrial due to a juror's alleged misconduct; and (2) admitting unpaid medical bills into evidence. The Court additionally held that Galumbeck's assertions that the trial court erred in prohibiting him from introducing a surgical log into evidence or from using it to refresh a nurse's recollection and in allowing testimony and evidence on a collateral matter were not preserved for appeal. View "Galumbeck v. Lopez" on Justia Law