Maher

Defendant Sylvia B. Saad, M.D., appeals from the trial court’s granting of plaintiffs’ motion for new trial following a jury verdict in favor of defendant in an action alleging medical malpractice. For the reasons which follow, we affirm.

Procedural Background

By complaint filed April 16, 1997, plaintiffs Martie L. Maher and Sheldon Raymond Russell sought to recover damages from defendant and other parties for medical malpractice and loss of consortium arising from medical treatment rendered to Maher. All other defendants were dismissed or awarded summary judgment.

Trial proceeded against defendant on November 30, 1998. On December 17, 1998, the jury returned a verdict in favor of defendant, and judgment was entered accordingly.

Plaintiffs subsequently filed a motion for new trial, and on February 10, 1999, the trial court granted plaintiffs’ motion. It concluded the following errors prevented plaintiffs from receiving a fair trial: (1) it had improperly instructed the jury on “alternative methods of diagnosis and treatment” (BAJI No. 6.03); (2) defense counsel had submitted to the jury an unredacted letter from a defense expert in violation of a stipulation and order…