Thomas v. Dootson

This is an appeal from a directed verdict for Dr. Jeffrey Dootson in a medical malpractice case. The disposition of this appeal turns on whether there is evidence that Dr. Dootson had notice that a surgical drill overheated prior to the injury to the patient, Kelvin Thomas. Viewing the evidence in a light most favorable to Thomas, as we must, we find evidence Dr. Dootson had notice that the surgical drill was defective prior to the injury. As a result, we reverse and remand for a new trial.

I

During oral surgery, Thomas’ mouth was severely burned by a malfunctioning drill. Thomas filed a…