Weborg v. JennyAnnotate this Case
After William Weborg died of severe coronary artery disease, his wife and their minor sons (collectively, the Weborgs) commenced a medical malpractice action against three physicians, their insurer, and the Injured Patients and Families Compensation Fund (collectively, the physicians), claiming that the three physicians were negligent in their care and treatment of William, resulting in his death. The jury returned a verdict in favor of the physicians, and the circuit court dismissed the Weborgs' complaint against the physicians. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the circuit court applied an improper legal standard in admitting the evidence of life insurance proceeds and social security benefits, but the error was harmless; and (2) the circuit court erroneously exercised its discretion in modifying the standard jury instruction on expert testimony, but the error was harmless.