Meda v. Brown

McAULIFFE, Judge.

This case involves the use of inferences to prove a claim of medical malpractice. Two medical experts, testifying for the plaintiff, 1 relied in part upon an inference of negligence in reaching the conclusion that substandard care on the part of the defendant anesthesiologist caused the plaintiff to suffer a radial nerve injury. The jury found in favor of the plaintiff, but the trial judge granted the defendant’s motion for judgment notwithstanding the verdict, holding that there was no legally sufficient evidence to support the verdict, because

[t]he testimony of plaintiff’s…