Tatro v. Lueken

The opinion of the court was delivered by

Kaul, J.:

In this action Nome M. Tatro, plaintiff-appellant, has sued defendant-appellee, Lueke B. Lueken, a medical doctor specializing in gynecology, for alleged malpractice. The case was tried to a jury and plaintiff has perfected this appeal from a judgment entered on a defendant’s verdict.

On appeal plaintiff claims the trial court erred in not submitting the doctrine of res ipsa loquitur to the jury and in submitting the issue of informed consent when, as plaintiff asserts, the evidence showed as a matter of law that plaintiff’s informed consent…