Smith v. Luckett

Deen, Chief Judge.

C. Winfred Smith and his wife brought a medical malpractice suit against the defendant alleging that Dr. Luckett had negligently performed a venogram upon Judge Smith and that he had also committed a battery because the procedure was done without consent. Mrs. Smith claimed damages for loss of consortium. Appeal is brought by the Smiths following the trial court’s grant of a directed verdict in favor of the defendant.

1. The trial court did not err in granting a directed verdict as to the issue of battery. The record shows that Mrs. Smith signed the consent form authorizing…