Marsingill v. O'MALLEY

OPINION

BRYNER, Justice.

I. INTRODUCTION

One night several months after having stomach surgery, Vicki Marsingill called her surgeon, Dr. James O’Malley, complaining of abdominal pain and nausea. Dr. O’Malley advised Marsingill to go to the emergency room and offered to meet her there, but Marsingill said she felt better and declined to go. Several hours later, Marsingill lost consciousness from an intestinal blockage and suffered permanent injuries. Marsingill sued Dr. O’Malley, claiming that he lacked the skill and knowledge to advise her properly and that the information he gave her over the…