Walton v. Dirkes

The question in this medical malpractice case is whether the plaintiff presented enough evidence to establish a causal connection between the defendant doctor’s negligent failure to order a certain blood test and the death of Trevor Walton. The jury thought so, but the trial judge entered a judgment notwithstanding the jury’s verdict. We reverse the trial judge’s decision and remand this cause for a hearing on any remaining posttrial issues.

FACTS

On April 5, 1999, Trevor Walton went to defendant Dr. Richard Dirkes, his primary care physician, complaining of congestion and a sore throat for the…