Theodore T. Boburka v. Frank Adcock, M.D.

RYAN, Circuit Judge.

This is an appeal by the defendant physician from an adverse jury verdict in a medical malpractice action. Among a host of issues defendant raises on appeal, we shall address only one because it is dispositive: Whether there is sufficient competent evidence in the record to support the jury’s finding of defendant’s negligence, given the speculative nature of the testimony by the plaintiff’s expert witness.

Before discussing this issue, however, we must address the plaintiff’s threshold argument that the court is without jurisdiction to entertain this appeal because the…