Dutton v. O'Connell

| .CLARENCE E. McMANUS, Judge.

Plaintiffs, David and Rick Morales, appeal the jury verdict in favor of defendants, Dr. Ruary O’Connell and Columbia Jefferson d/b/a Elmwood Medical Center and Skilled Nursing Facility. For the reasons which follow, we affirm the jury’s verdict.

STATEMENT OF THE CASE

On July 8, 1996, Sarah Dutton, a' sixty-nine year old obese woman, underwent gastric bypass surgery at Elmwood Medical Center. The surgery was performed by Dr. Ruary O’Connell, a bariatric surgeon. Dutton continued to improve post-operatively and, on July 11, 1996, Dr. O’Connell transferred her to the…