Carter v. Shirley

In her malpractice claim, the plaintiff alleged that the defendant, an obstetrician-gynecologist, had negligently diagnosed and treated a condition occurring as the result of the birth of her first child. The. condition allegedly led to a fístula in ano 2 which a second doctor repaired through surgery. The surgery, however, was not entirely successful. At trial, before a jury in the Superior Court, experts testified on both sides of the question of malpractice. The jury found for the defendant. We reverse the judgment because of the trial judge’s failure to instruct the jury, over the timely…