Brown v. Capanna

OPINION

In this case of alleged medical negligence and lack of informed consent, the district court properly found that the negligence counts were barred by res judicata. However, the district court abused its discretion by excluding expert testimony that would have allowed appellants Adelaide Brown and Pat Johnson, the daughters of deceased Sophie Stokmans, to prove their prima facie case of failure to acquire informed consent. Based on Brown and Johnson’s inability to prove their prima facie case, the court directed a verdict for respondent Dr. Albert Capanna. We reverse and remand.

Facts

In…