Miller v. Kennedy

The plaintiff, Richard R. Miller, appeals from the trial court’s refusal to grant a motion for a new trial or judgment n.o.v. following a verdict for the defendant, in a medical malpractice case. The issues concern instructions on res ipsa loquitur, the,physician as a guarantor of results, the liability of a physician for a mistake in judgment and “informed consent.” Also presented and discussed are issues regarding the rejection of certain proposed exhibits and the trial court’s removal of the claim of faulty post-biopsy care from the jury.

Dr. Kennedy is a board certified specialist in…