Smith v. Hawthorne

Majority: DANA, ALEXANDER, CALKINS, and SILVER, JJ.

Concurrence: DANA, and ALEXANDER, JJ.

*434Dissent: SAUFLEY, C.J., and CLIFFORD, and LEVY, JJ.

CALKINS, J.

[¶ 1] James and Sheryl Smith appeal from a judgment entered in the Superior Court (Hancock County, Hjelm, J.) in favor of Catherine Hawthorne, M.D., following a jury trial on the Smiths’ complaint for medical malpractice. Prior to the trial, a prelitigation screening panel had unanimously determined that (1) Hawthorne deviated from the applicable standard of medical care; (2) the deviation did not cause James Smith’s injury; and (3) Smith’s…