Axelrad v. Jackson

OPINION

CHARLES W. SEYMORE, Justice.

In this appeal, we determine whether a patient, in recounting his or her medical history, may be assessed comparative negligence in a medical malpractice suit. We hold that a patient’s name may be submitted in comparative fault jury questions based on the patient’s response to queries regarding medical history. Because there is no evidence of a query designed to elicit the information that appellant, David Axel-rad, allegedly failed to communicate, no evidence supports appellee, Dr. Jackson’s contention that David Axelrad had a duty to volunteer the…