Bernadette Ascher v. Jose E. Gutierrez, M.D. A/K/A Joseph E. Gutierrez, M.D.

BRYAN, District Judge:

Defendant-appellant in this case is a physician specializing in the field of anesthesiology. He appeals from a judgment entered by the district court upon a jury verdict finding him guilty of malpractice and awarding substantial damages.

The plaintiff, Mrs. Bernadette Ascher, was admitted to the Columbia Hospital for Women in Washington, D. C., on July 20, 1970, for a surgical procedure known as a “D and C.” The surgery was scheduled for July 21, 1970. The appellant, Jose Gutierrez, was the scheduled anesthesiologist for the procedure. Following an injection by Gutierrez…