HURST BY HURST v. Dougherty

OPINION

FRANKS, Judge.

In this medical malpractice action the plaintiff, whose finger was amputated during her delivery by caesarean section, appeals from an adverse jury verdict and assigns as error a portion of the trial court’s instructions to the jury and also contends there is no material evidence to support the verdict.

Plaintiff was delivered by caesarean section, performed on August 6, 1985. The defendant physician amputated part of the infant plaintiff’s little finger while extracting her from the womb.

Plaintiff’s mother entered the hospital on the day before delivery with severe bouts…