Sherer ex rel. Sherer v. James

Goolsby, Judge:

This is a medical malpractice case brought by Scott Middleton Sherer against the respondent Charles A. James, M.D. Following a jury trial, judgment was entered in favor of James. John H. Sherer, the administrator of the Sherer’s estate, appeals.1 We reverse and remand for a new trial.

The only issue we need address concerns the trial judge’s refusal to give Scott’s request to charge concerning an increased risk of physical harm due to the negligent performance of an undertaking to render services.

Scott’s amended complaint alleges that he lost his left testicle as a proximate…