Rogers v. Meridian Park Hospital

This is an action for damages for medical malpractice. Plaintiff alleged that defendants Holmes and Spittel were negligent in their treatment during an operation to remove a bowel obstruction. The case was tried to a jury, which returned a verdict for defendants.1 Plaintiff appeals, assigning as error the giving of Uniform Civil Jury Instruction (UCJI) No. 105.06 on liability for errors of judgment.2

On April 16, 1983, plaintiff underwent abdominal surgery at Meridian Park Hospital. Defendant was the anesthesiologist. At some time during or subsequent to the surgery, plaintiff regurgitated and…