Dixon v. SublettAnnotate this Case
In this medical malpractice action in which a jury rendered a verdict in favor of Plaintiff, the circuit court erred in denying Defendant’s motion to strike Plaintiff’s evidence on the ground that Plaintiff failed to prove causation.
Plaintiff sued Defendant-doctor, alleging that Defendant negligently perforated her small bowel during a laparoscopic total hysterectomy, failed to detect the perforation, and failed to obtain a general surgery consultation to repair the injury. At the end of Plaintiff’s case-in-chief, the circuit court denied Defendant’s motion to strike the evidence. The jury returned a verdict in Plaintiff’s favor. The Supreme Court reversed, holding that Plaintiff did not prove causation and was unable to do so from the evidence presented to the trial court, and therefore, the circuit court should have granted Defendant’s motion to strike the evidence on the basis of lack of causation.