Bradley v. Sugarbaker

TORRUELLA, Circuit Judge.

In this medical malpractice action, Plaintiffs-Appellants Barbara and Michael Bradley appeal the district court’s decision to grant summary judgment as to their medical battery claim. Following a jury trial as to their informed consent claim, they also assert that the district court erred by excluding expert testimony that a fine-needle aspiration (“FNA”) biopsy was a viable non-surgieal alternative to a surgical biopsy. After careful review of the record, we affirm the district court’s dismissal of the Bradleys’ battery claim but vacate and remand with respect to the…