Sumner v. Pruitt

Shaw, Justice:

This appeal is from an order granting Dr. Pruitt’s motion for a directed verdict in a medical malpractice suit brought by-appellant Donna Sumner. We affirm because there is no evidence from which a jury might reasonably conclude Dr. Pruitt was negligent.

Mrs. Sumner contends Dr. Pruitt violated customary standards of practice by failing either to insert an intra-uterine device (IUD) during menstruation or to conduct a laboratory pregnancy test before insertion. The evidence of his failure to do either, she argues, was sufficient proof of negligence to require submission of the…