Legal Opinion

Nelson v. McCreary

District of Columbia Court of Appeals

Decided May 22, 1997No. 95-CV-1541PublishedCited by 39 opinions

1Opinion of the Court

SCHWELB, Associate Judge:

In this action for medical malpractice brought by Ernest Nelson against Maurice L. McCreary, M.D., the jury returned a verdict in Dr. McCreary’s favor. On appeal, Mr. Nelson contends, inter alia, that the trial judge erred by declining to instruct the jury on a significant part of the plaintiffs theory of the case. We agree, reverse the judgment, and remand the case for a new trial.

I

THE FACTS

In 1985, physicians discovered that Mr. Nelson was suffering from cancer of the rectum. The progress and size of the tumor required highly invasive surgery. In what we shall call…

2Cases cited24 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Johnson v. United StatesDistrict of Columbia Court of Appeals · 1979
  3. Carvel Corporation v. Diversified Management Group, Inc.Court of Appeals for the Second Circuit · 1991
  4. In Re MeltonDistrict of Columbia Court of Appeals · 1991
  5. Psychiatric Institute of Washington v. AllenDistrict of Columbia Court of Appeals · 1986

19 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Washington Investment Partners of Delaware, LLC v. Securities HouseDistrict of Columbia Court of Appeals · 2011
  2. Purcell v. ThomasDistrict of Columbia Court of Appeals · 2007
  3. Durphy v. Kaiser Foundation Health Plan of Mid-Atlantic States, Inc.District of Columbia Court of Appeals · 1997
  4. Whitt v. American Property Construction, P.C.District of Columbia Court of Appeals · 2017
  5. Crutchfield v. United StatesDistrict of Columbia Court of Appeals · 2001

34 more not listed; retrieve them via the Exa API.

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