McGill v. French

LAKE, Justice.

This is a medical malpractice case involving submission to the jury of the issue of plaintiff’s contributory negligence, and whether the Court of Appeals, in holding the trial court should not have submitted the issue, erred in its analysis of the allegations and evidence of negligence and in its determination of the appropriate evidentiary standard for the requisite causal connection in establishing proximate cause. We conclude the Court of Appeals erred in both respects and, accordingly, reverse.

Plaintiffs filed a complaint against defendants 1 alleging that defendant, Dr.…