Burnett v. Fowler

David Newbern, Justice.

Scott Fowler, the appellee, sued Dr. Robert Burnett, the appellant, for medical malpractice. A jury returned a verdict in favor of Dr. Burnett. The question before us is whether the Trial Court abused his discretion in granting a new trial. We hold there was no abuse of discretion and affirm.

Mr. Fowler broke an ankle playing racquetball. The ankle was repaired using a temporary metal plate and four metal screws to facilitate healing. Dr. Burnett supervised administration of a general anesthetic when Mr. Fowler returned to the hospital to have the metal pieces removed.…