Timmerman v. Fitts

This is a medical malpractice case. The issue before us on appeal is whether the trial court erred in directing verdicts in favor of the defendants. We reverse.

The underlying facts in this case are virtually undisputed. On February 6, 1984, Richard W. Stuhr, M.D., performed a bilateral subtotal thyroidectomy on the plaintiff, Judy Timmerman.1 The surgery involved making a half-moon incision in the front of Ms. Timmerman's neck just above the collar line. As part of the closing procedure, Dr. Stuhr embedded and exited two small plastic drain tubes to evacuate the blood and serous material that…