Day v. Johnson

Opinion by Judge ROMÁN.

In this medical malpractice action, plaintiffs, Loretta Jean Day and Richard C. Day, appeal the judgment entered against them on a jury verdict in favor of defendant, Bruce Johnson, M.D. On appeal, plaintiffs contend that the trial court abused its discretion by (1) refusing to dismiss two jurors for cause; and (2) instructing the jury that an unsuccessful medical procedure is not necessarily the result of a physician’s negligence. We conclude that the trial court did not abuse its discretion in either manner, and affirm the judgment against plaintiffs.

I. Factual…