Abstract
Evidence of uncharged misconduct may be offered at a malpractice trial to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but not to prove that a person acted in conformity with other wrongs or acts on a particular occasion. The author offers a summary of the general rules of evidence and analyzes the doctrine of Uncharged Misconduct, narrowing the discussion to the admission of uncharged evidence in medical malpractice trials in particular. Physicians should be aware that his/her practice may be scrutinized for prior charged malpractice as well as recurring incidents of medical mistakes that have remained uncharged.
Published Version
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