Murphy v. Conway

In an action of tort for medical malpractice, the jury returned a verdict for the defendant on the first count for wrongful death and the trial judge directed a verdict for the defendant on the second count for conscious suffering. The plaintiff’s exceptions are to a certain portion of the judge’s charge to the jury, 1 to his order for a directed verdict on count 2, and to the exclusion of certain evidence.

The pertinent evidence is summarized. The decedent was under the care of the defendant during her pregnancy, and approximately forty hours after delivery by caesarian section, she suffered…