Mary P. Bender v. Dr. Frank S. Dingwerth

GOLDBERG, Circuit Judge:

In this medical malpractice ease we wrestle with the usual problems attendant upon such suits and with a particularly difficult one concerning proximate cause, a concept which has all too often thrown judges and lawyers into confusion as though it were ‘a brooding omnipresence in the sky of torts.

Invoking diversity jurisdiction, Mary P. Bender, the surviving wife of Thomas C. Bender, brought this action on behalf of herself and her minor son against Dr. Frank S. Dingwerth and his partners for alleged acts of medical malpractice occurring in Arlington, Texas. The…