Donnini v. Ouano

Brazil, J.:

Dr. Bibiano B. Ouano, Jr., appeals from a jury’s finding of negligence in a medical malpractice action against him. Ouano claims the trial court erred in failing to measure damages by diminution of chance to survive and in failing to instruct on loss of chance causes of action and that he was entitled to judg ment as a matter of law based on the verdict in his first trial. We affirm.

In March 1985, Faust Donnini, a 55-year-old pharmacist, experienced an episode of gross hematuria (blood in the urine). That day, he saw his family doctor and employer, Lawrence Richard Will, a general…