Chess v. Wright

This is an appeal from a final judgment for the plaintiffs, Mary M. Wright and Ronald Wright, in a medical malpractice action. The defendants claim error in the trial court’s decision not to submit the issue of comparative negligence to the jury. We agree and reverse.

In addition to denying negligence in their care of Mary Wright, the defendants alleged that Mrs. Wright was comparatively negligent in not following medical advice to have surgery immediately upon diagnosis by other physicians of the critical nature of her condition. The question is whether there was evidence presented at trial…