Russell v. May

In this action brought by Plaintiff against three physicians for their alleged failure to timely diagnose her cancer, the district court erred in granting judgment as a matter of law and dismissing Dr. Terry Goering, Plaintiff’s primary care physician. The Supreme Court remanded this case for retrial against Dr. Goering, holding (1) considering the evidence in the light most favorable to Plaintiff, a reasonable jury could have found that Dr. Goering owed a duty to Plaintiff and breached the standard of care and caused harm to Plaintiff; and (2) the error was not harmless, as the jury’s verdict determining that the other two physicians were not liable for Plaintiff’s damages did not determine the issues relating to Plaintiff’s claim against Dr. Goering. View "Russell v. May" on Justia Law