Perkins v. Walker

SCHULTZ, Justice.

In this appeal the patient, who suffered a stroke following surgery, initiated a tort action against her surgeon, seeking damages. Following entry of judgment on an adverse jury verdict, plaintiff appealed, complaining that the trial court improperly instructed the jury concerning a mistake in diagnosis and treatment of a patient, although the court at plaintiff’s request had limited the determination of negligence to the doctor’s failure to properly prepare her for surgery. The court of appeals reversed the trial court’s judgment for defendant. We vacate the decision of the…