Kyriss v. State

This is a medical malpractice case in which the District Court, Third Judicial District, Powell County, based on jury verdict, entered judgment against Drs. Roger A. Ganfield and Leonard M. Benjamin. The doctors appeal.

The principal issue in the case is whether the District Court properly instructed the jury on the issue of causation using the “legal cause” or “substantial factor” instruction instead of the historic “proximate cause” instruction. We determine that the court instructed the jury properly.

The second principal issue is an outgrowth of the first issue, for the *164doctors contend that…