Wooten v. Amspacher

Harwell, Justice:

Appellant initiated this medical malpractice action under the survival statute for injuries, pain, and suffering alleged to have arisen out of an operation performed by the respondent. The jury returned a verdict for respondent. Appellant alleges the trial court erred in denying her motion for a new trial. We agree and reverse.

First, appellant contends the court erred in admitting evidence concerning her separation from her husband prior to his death and her subsequent remarriage after his death. Previously we held this evidence is not admissible in a wrongful death action…