Terry v. Duff

Charles L. Terry appeals a jury verdict that disallowed his medical malpractice claim against Wallace E. Duff, M.D. In his lawsuit, Terry alleged that Duff negligently performed sinus surgery upon him. The surgery was intended to relieve Terry’s breathing difficulty.

We vacate the judgment of the district court for Douglas County and remand the cause for a new trial.

FACTS

In his March 7, 1990, petition, Terry alleged that, as a result of Duff’s surgery, he suffers from (1) a total loss of smell, taste, and ability to blow his nose and clear his sinus; (2) headaches, nausea, diarrhea, inability…