Hruban v. Hickman Mills Clinic, Inc.

BERREY, Judge.

Defendants appeal from the trial court’s order granting plaintiffs’ motion for new trial after a jury had returned a verdict in favor of defendants.

Plaintiffs filed a medical malpractice action against defendants alleging that they negligently failed to timely diagnose and treat Paula Hruban’s appendicitis and as a result, her appendix ruptured, causing a number of complications.

On September 27, 1989, Mrs. Hruban went to Hickman Mills Clinic. She was examined by Dr. Basantz and complained of abdominal pain. Several tests were conducted including a pelvic exam and blood tests.…