Witzke v. Dettweiler

OPINION

WOOD, Chief Judge.

Plaintiff’s appeal in this medical malpractice case presents issues concerning (1) substantial evidence; (2) burden of proof; and (3) closing argument.

Substantial evidence.

Plaintiff, a long time patient of defendant, went to defendant’s office on the morning of February 14, 1968, at which time he told defendant of the onset of pain. Upon the conclusion of the office visit, plaintiff, on the advice of defendant, returned home and went to bed. Around 9:00 a. m. on February 15th, plaintiff’s wife telephoned defendant and informed defendant as to developments in…