Holmes v. Levine

OPINION BY Justice CYNTHIA D. KINSER.

In this wrongful-death action based on the alleged medical malpractice of a radiologist, the plaintiff asserts that the trial court erred by refusing to give the plaintiff's requested jury instruction on the issue of proximate causation. We agree and, for that reason, will reverse the trial court's judgment in favor of the defendant-radiologist. With regard to two other issues that may arise during a retrial, we conclude that the trial court did not err either in overruling the plaintiff's objection that certain testimony of a treating physician did not…