Matheny v. Fairmont General Hospital, Inc.

DAVIS, Chief Justice:

In this medical malpractice action against Fairmont General Hospital, Ronald L. Math-eny and his wife, Sherry Matheny, appeal from an order of the Circuit Court of Marion County denying their motion for a new trial. On appeal, Ronald and Sherry Matheny complain that the circuit court erred by (1) instructing the jury that there was a presumption that Fairmont General Hospital had acted in accordance with the standard of care; (2) instructing the jury in a manner *743contrary to their theory of the case; (3) permitting Fairmont General Hospital’s counsel to improperly raise a…