Belshaw v. Feinstein

BRAY, J. *

Defendants in a medical malpractice action appeal from judgment, after jury verdict, in favor of plaintiff in the sum of $155,000..

Questions Presented

1. The conditional res ipsa loquitur instruction needed to be given.

2. Absent the doctrine of res ipsa loquitur, there was evidence of negligence.

3. Defendants did not waive their rights to question the giving of the res ipsa loquitur instruction.

4. The action is not barred by the written release signed by plaintiff.

Record

Dr. Bertram Feinstein and Dr. Grant Levin are physicians and surgeons practicing in San Francisco and specializing…