Lewis v. Sanford Med. Ctr.

Plaintiff sued Defendant, a medical facility, for medical malpractice after a surgery on Plaintiff that was aborted. After a trial, the jury returned a verdict in favor of Defendant, finding that Plaintiff did not suffer damages legally caused by Defendant's negligence. Plaintiff filed a motion for a new trial, asserting, among other things, that the jury clearly erred in awarding no damages for the incisions that were made in the course of the aborted surgery. The circuit court granted the motion. The Supreme Court reversed, holding (1) because there was competent evidence supporting the jury's verdict in favor of Defendant on the issue of damages relating to Plaintiff's subsequent cardiac problems, the circuit court abused its discretion in granting a new trial on the question of causation and damages relating to Plaintiff's need for a pacemaker and her subsequent medical problems; and (2) the circuit court erred in granting a new trial on Plaintiff's claim for incisional pain because Plaintiff's claim for damages for incisional pain was barred by the statute of limitations. View "Lewis v. Sanford Med. Ctr." on Justia Law