LaBieniec v. Baker

This is a medical malpractice action brought by the decedent plaintiff1 against Gerald Baker, a radiologist, and Robert Langmann, an internist, both of *201whom failed to detect lung cancer in x-rays taken of the plaintiff during the course of a physical examination. In his complaint, the plaintiff alleged that the defendants’ failure to diagnose his lung cancer allowed the cancer to spread and grow (metastasize) to his brain. He further claimed that the delay caused him emotional distress and a decreased chance of survival.

At the close of the plaintiff’s case, the trial court directed a verdict…