Dietzel v. Gurman

OPINION BY

FORD ELLIOTT, J.:

¶ 1 In this appeal, we are asked to decide whether the trial court erred when it refused to remove a compulsory nonsuit entered at the close of appellant Shirley Dietzel’s (“patient’s”) case-in-chief. For the reasons that follow, we affirm. The factual and procedural history of the case follows.

¶2 On January 28, 1997, appellee Andrew Gurman, M.D. (“physician”) performed hip replacement surgery on patient during which she suffered an injury to her sciatic nerve. Physician conceded that the injury occurred during the surgery, and also acknowledged that he did not…