Lawrence v. Wirth

In this medical malpractice action, the sole question on appeal is whether the trial court erred in granting a jury instruction on contributory negligence. The plaintiff, Chrystal M. Lawrence, alleged she sustained injuries and other damages as a result of the defendant’s negligent diagnosis and treatment of a malignant tumor in her left breast. The defendant, John C. Wirth, Jr., a general surgeon, denied he was negligent and asserted that Lawrence, *410herself, was guilty of negligence which contributed to her injuries and other damages. The trial court submitted the issues of negligence,…