Mays v. Hao Chang

In this appeal from the Circuit Court of Nicholas County, we are asked to review a judgment order on a jury’s verdict in a medical malpractice action. The appellant appeals the circuit court’s decision to exclude certain evidence from the trial, and the circuit court's decision to give a “mistake of judgment” instruction to the jury.

As set forth below, we find both decisions by the circuit court were in error and prejudicial to the outcome of the trial, reverse the jury’s verdict in favor of the appellee, and remand the case for retrial.

I

The appellant, Patrick Mays, is the administrator of…