Davis v. Caldwell

Moule, J. (dissenting).

I must dissent and vote to reverse and grant a new trial on the issue of liability only, with the verdict on damages held in abeyance pending the new trial. In March, 1974 mammograms of plaintiff wife’s breasts resulted in a diagnosis of calcifications in the breasts causing concern for carcinoma. In April, 1974 a doctor who had treated plaintiff wife for years performed a biopsy on both breasts; a small amount of cancer in the right breast was found and a mastectomy was recommended. Plaintiff wife refused to undergo the operation and, upon the advice of another doctor,…