McMath v. Katholi

In February 1994, plaintiff, Carolyn McMath, sued defendant, Dr. Richard E. Katholi, for the wrongful death of her husband, Kenneth McMath. Carolyn alleged that in February 1992, Katholi committed medical malpractice by failing to discover a cardiac emergency that later caused Kenneth’s death. In December 1997, the trial court conducted a three-day jury trial, and the jury returned a verdict in Katholi’s favor.

Carolyn appeals, claiming that (1) members of the jury improperly discussed the case before the close of evidence, and those discussions led to an improper verdict; (2) the verdict was…