Kaspar v. Schack

In this medical malpractice case, the plaintiff appeals from a jury verdict and judgment for the defendant, primarily asserting error in the instructions given by the trial court on the burden of proof. We reverse the judgment of the District Court and remand the cause for a new trial.

The plaintiff’s decedent, Mary Ann Kaspar, was a young married woman. In April of 1972, Mary Ann visited Dr. Schack who diagnosed her pregnant. Mary Ann continued to visit Dr. Schack periodically. Everything appeared normal during these visits. However, Dr. Schack expressed concern over Mary Ann’s weight gain.…