Hare v. Foster G. McGaw Hospital

PRESIDING JUSTICE JIGANTI

delivered the opinion of the court:

This appeal arises from actions for survival and wrongful death brought by the plaintiff, Margaret Hare, mother of the decedent John Hare, against Dr. Andrew Labrador, an emergency room physician. The complaint alleged that the defendant’s failure to discover the severity of the decedent’s hepatitis and to hospitalize him was a cause of his death. In a jury trial, the trial court directed a verdict in favor of the defendant and against the plaintiff on the wrongful death count on the basis that the plaintiff failed to produce…