Benge v. Williams (Opinion)Annotate this Case
At issue in this healthcare-liability case was whether the jury was properly allowed to consider, in deciding negligence, what a physician (Defendant) did or did not tell his patient (Plaintiff) about an inexperienced resident’s involvement in performing Plaintiff’s surgery, even though Plaintiff did not seek recovery on that basis.
A jury found Defendant’s negligence caused Plaintiff’s injuries. The court of appeals reversed and remanded the case for a new trial, holding (1) the trial court’s refusal to instruct the jury not to consider Defendant’s failure to disclose the resident’s level of involvement was error, and the error was not harmless; and (2) Plaintiff’s expert was “practicing medicine” at the time of trial and thus qualified to testify. The Supreme Court affirmed, holding that the court of appeals correctly found that the charge error required a new trial.