if a person had filed a medical malpractice suit and couldn't find any
doctor at the time come out and state it and the  state court rules
issues a summary judgment. but years later a doctor orders a MRI and
myeogram test and finds that a person was indeed injured in surgery.
can a person revisit that issue in court, first state   court. can you
go back with the new evidence or even federal court for the first
time. the doctor hide the evidence and wouldn't acknowledge he cut a
nerve. in other words he falsfied the chart/ omissions to protect
himself.

Dear Skip, 

First of all, before I begin to answer, please note the disclaimer at
the bottom of this page: "Important Disclaimer: Answers and comments
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comments."

I will divide my answer into several parts. First, the general rule,
is that both civil and criminal cases (malpractice) could be appealed
(or a retrial could be appealed) in cases of new evidence. So the
answer is basically yes. You could appeal the verdict and/or present
new evidence in an appeal for a retrial.

However, laws differ from one jurisdiction to another. The country (I
assume US), state and even sometimes county you're in could make a
difference. In some cases, also some "judicial atmosphere", that is,
the general atmosphere at the time of the trial, could affect.

It is thus essential that you'll get an attorney evaluation on the
subject, after presenting all of the new evidences to him or her.

In addition - and that's my fourth point, you have to consider the
possibility that getting that expert witness (if at all admissable by
the court, see Glassman v. Costello; Kansas SupCt 78905,
<http://www.kscourts.org/kscases/supct/1999/19990709/78905.htm>); the
costs of the legal representation; and other elements (time spent,
etc.) are worth the hussle.

I hope this answered your question. Please contact me if you need any
further clarification on this subject. For more information on medical
malpractice, read a little here:

Free Legal Advice - Malpractice
<http://injury-law.freeadvice.com/malpractice_law/> 

Also: 
Wikipedia - Medical Malpractice
<http://en.wikipedia.org/wiki/Medical_malpractice> 

Wikipedia  Torts
<http://en.wikipedia.org/wiki/Torts>