Berring v. Jacob

SMITH, Presiding Judge.

Defendant appeals from the order of the trial court sustaining plaintiffs’ motion for new trial in a medical malpractice case in which the jury returned a verdict in favor of defendant. We reverse.

Plaintiffs’ claim was based upon the alleged negligence of the defendant doctor in failing to operate upon a diagnosed cerebral aneurysm in plaintiff Sharon Berring. The aneurysm subsequently ruptured causing serious permanent injuries to Mrs. Berring. There was substantial evidence from expert witnesses called by defendant that the doctor’s action in waiting to operate was…