Martinez v. Meek

OPINION

WARD, Justice.

This is a medical malpractice case where at the conclusion of the plaintiff’s evidence the trial Court granted defendant’s motion for an instructed verdict and entered judgment for the doctor. A small clip or piece of metal was left in the defendant’s back in or near the spinal canal, either accidentally or intentionally, as a marker to show the location of a laminectomy. Legal sufficiency questions are raised as to negligence, fraudulent concealment and causation. We affirm.

On October 1, 1970, Nolberto Martinez injured his back while loading signs as a part of his…