Mathis v. Morrissey

Opinion

SPARKS, Acting P. J.

In this wrongful death/medical malpractice action we consider whether the trial court erred in refusing two special instructions, one concerning a physician’s duty to inform the patient of different schools of thought on the proposed surgery and the other dealing with the burden of proof. For the reasons which follow, we conclude that the trial court correctly refused the special instructions. We also consider and reject the argument that an expert witness was disqualified because of asserted bias.

Plaintiffs, the heirs of decedent Gordon Mathis, appeal from a…