Lang v. Newman

Carpinello, J. (dissenting).

A review of the evidence presented at trial, read in conjunction with each of the jury’s answers to all of the questions on the verdict sheet, compels the conclusion that there is simply insufficient evidence to support the ultimate determination that defendant Russell J. Firman’s decision to discharge plaintiff from the emergency room on the morning of January 14, 2003 caused her any injury. In any event, the verdict is against the weight of the evidence.

To recover damages for medical malpractice, a plaintiff must establish both a deviation or departure from…