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CASES-Civil

By Jeffrey Ivashuk

Torts -- Medical malpractice -- New trial required where trial court erroneously permitted plaintiff's counsel to argue to jury, over defendant's timely objection, that defendant had failed to provide appropriate care to plaintiff during postoperative period, a theory of medical negligence that was not within issues presented at trial -- Complaint alleged that defendant plastic surgeon had negligently failed to obtain plaintiff's informed consent to proposed surgery and negligently performed the surgery and that the design of the procedures defendant had performed was flawed, but did not allege any postoperative negligence by defendant -- Issue of postoperative negligence was not tried by consent -- Remarks, which were calculated to elicit an emotional response from the jury, were not harmless --Although plaintiff presented sufficient evidence to support verdict against defendant based on the three theories of medical negligence that were pleaded in complaint, two-issue rule does not preclude reversal in this case -- Trial court did not err in denying defendant's motion for directed verdict on liability and did not abuse its discretion in denying defendant's motion for new trial based on admission of photographs into evidence    33 Fla...continue to full post

Full post as published by JAABlog on June 13, 2008 (boomark / email).