Cebula v. Benoit

NUGENT, Judge.

Plaintiff appeals from a judgment directing a verdict in defendant’s favor at the close of plaintiff’s evidence in this medical malpractice case resulting from the loss of a needle fragment in plaintiff’s chest during surgery. Plaintiff argues that the trial court erred in directing a verdict because substantial evidence existed from which a jury could have returned a verdict in his favor even absent expert medical testimony, and that the court erred in ruling that a registered nurse was not competent to testify to standard medical practice as to the removal of foreign objects…