McMahon v. Finlayson

In this appeal, the defendants question the sufficiency of evidence to support a Superior Court jury’s award of $119,700 on the plaintiff’s medical malpractice claim. At trial, the plaintiff claimed that she suffered thermal severance of her ureter as a result of a laparoscopic examination and cauterization procedure (fulguration of endometriosis) performed by the defendant Dr. Finlayson in 1984. 2 After a dismissal, by stipulation, of a negligence claim, the trial proceeded solely on the issue of whether Dr. Finlayson failed to obtain the plaintiffs informed consent by neglecting to apprise…