Beal v. Hamilton

OPINION

WARREN, Justice.

This is an appeal from a denial of a motion for new trial and to set aside a post-answer default judgment entered in a medical malpractice suit.

On February 10, 1979, appellee sought appellant’s medical advice and treatment, complaining of abdominal pain, headaches, and nervousness. Appellant prescribed 1.25 milligrams of the estrogen drug Pre-marin as treatment for what he diagnosed as gastritis, artificial menopause, and anxiety.

On February 14, 1979, appellee was admitted to St. Elizabeth’s Hospital and diagnosed as having thrombophlebitis. The emergency room physician…