Malone v. Daugherty

The sole issue presented on appeal from a summary judgment in this medical malpractice case is whether the trial court erred in ruling that Plaintiff's expert evidence failed to create a genuine issue of material fact as to Defendants' alleged breach of the applicable standard of professional care. Plaintiff alleges that individual Defendant Dr. Preston Daugherty, as agent of the corporate Defendant, was negligent in performing surgery on Plaintiff and wrongfully failed to inform the Plaintiff of the risks involved in the surgery.

The motion for summary judgment, the grounds therefor, and the…