Malinowski v. Zalzal

This medical malpractice action was tried before a Superior Court jury. The jury returned a verdict for the defendant physician. The trial justice denied the plaintiff patient’s motion for a new trial. She appeals.

Today, defendant practices medicine in nearby Massachusetts. He specializes in the allied fields of obstetrics and gynecology. However, in March 1968, he was chief resident 1 at the Providence Lying-In Hospital. On March 3, 1968, plaintiff was admitted to the hospital. A premature birth was in the offing. The next day, March 4, she gave birth to a daughter who weighed in at four…