Anderson v. Harper M.D.

¶1 Issue One: Did the District Court err by refusing to give the Andersons’ proposed jury instruction ?

¶2 Issue Two: Did the District Court err by giving the Defendant’s proposed instruction over the Andersons’ objection?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Dr. William Harper (Dr. Harper) is a board certified surgeon. On December 21, 2001, Dr. Harper treated Mrs. Darleen Anderson (Darleen) by placing a graft in her arm, also known as a “fistula,” to facilitate kidney dialysis. Darleen’s graft began to scab over in July, 2008, and the scab slowly expanded in size. On January 11, 2009, the scab…