Province

Pamela Province, as guardian ad litem for Cassandra Province, appeals from the judgment after jury verdict in favor of respondents Doctor Tad Callahan and the Center for Women’s Health and Family Birth (Center). Because of prejudicial juror misconduct and because of the improper, prejudicial admission of expert witness testimony, we reverse.

Facts

Pamela contends Center committed medical malpractice while she was in labor with Cassandra. After Doctor Callahan induced labor, Pamela complained to attending Nurse Kathy McConnell that she felt something “like a heartbeat in my vagina,” and that it was “pulsating.” Pamela thought something might be wrong and asked Nurse McConnell to get Doctor Callahan. Nurse McConnell had never heard anyone describe such a sensation. She checked the fetal heartbeat and found it to be normal. She did not report Pamela’s unusual complaint to Doctor Callahan because, in her clinical judgment, it was not significant.

Nurse McConnell went to get Doctor Callahan because labor had intensified. Before examining Pamela again, Doctor Callahan permitted her to use the restroom. When she stood up in the restroom after urinating, she noticed that the…