Macey v. James, No. 323-79
| Docket Nº | No. 323-79 |
| Citation | 427 A.2d 803, 139 Vt. 270 |
| Case Date | February 03, 1981 |
| Court | United States State Supreme Court of Vermont |
Page 803
v.
Douglas H. JAMES, M.D.
[139 Vt. 271] Mahady, Dunne, Hershenson & Scott, Norwich, for plaintiff.
Michael F. Hanley of Black & Plante, Inc., White River Junction, for defendant.
Page 804
Before [139 Vt. 270] BARNEY, C. J., and LARROW, BILLINGS and HILL, JJ., and SHANGRAW, Chief Justice (Ret.), Specially Assigned.
[139 Vt. 271] BILLINGS, Justice.
Plaintiff brought suit against the defendant alleging medical malpractice in the performance of a coronary angiogram at Mary Hitchcock Memorial Hospital, Hanover, New Hampshire, on August 9, 1973. Plaintiff further claimed that the defendant failed to inform plaintiff of the risks inherent in the procedure. At the close of the plaintiff's evidence the trial court directed a verdict in favor of the defendant as to the medical malpractice claim. As to the informed consent count, the jury returned a verdict in favor of the defendant. Plaintiff appeals claiming error in the granting of the directed verdict and also claims error in the trial court's charge relative to the law of informed consent.
In directing a verdict the trial court is ruling as a matter of law that there is no evidence whose tendency, excluding any modifying evidence and taking the evidence in the light most favorable to the plaintiff, will justify a plaintiff's verdict. Ryan v. Old Fox Chemical Co., 139 Vt. ---, 427 A.2d 371 (1981); Johnson v. Hoisington, 134 Vt. 544, 546, 367 A.2d 680, 682 (1976). If there is any evidence fairly and reasonably tending to support plaintiff's claim, it is for the jury to decide the case. Condosta v. Condosta, 137 Vt. 35, 38, 401 A.2d 897, 899 (1979).
The plaintiff's medical expert testified that the use of undue force during the angiogram would constitute a departure from accepted medical standards, that it was more probable than not that undue force was used by the defendant, and that the fistula resulted from the angiogram. This evidence raised a jury question as to whether or not the defendant negligently performed the angiogram, and whether or not this negligence caused the fistula. The trial court erred in directing a verdict for the defendant on the medical malpractice allegation.
The plaintiff also argues that the trial court's instructions to the jury on the issue of informed consent were incorrect. The plaintiff requested the following instruction:
[139 Vt. 272] (I)f (the jury) find...
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Roberts v. State, No. 83-170
...evidence reasonably tending to support the plaintiffs' claim, and that the matter was proper for resolution by a jury. See Macey v. James, 139 Vt. 270, 271, 427 A.2d 803, 804 (1981). Viewing the evidence in a light most favorable to the nonmoving party, Vermont National Bank v. Dowrick, 144......
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Salis v. United States, Civ. No. 79-693
...P.2d 554, 558 (Okl.1980); Goedecke v. State Department of Institutions, 198 Colo. 407, 603 P.2d 123, 125 (1979). See also Macey v. James, 427 A.2d 803, 804 (Vt.1981) (applying New Hampshire Unfortunately, the Pennsylvania authorities which have recognized the Canterbury rationale all involv......
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Wissell v. Fletcher Allen Health Care, Inc., 232-2-12 Cncv
...consent action. In a later case, Macey v. James, the Court rejected the plaintiff's proposed jury charge as to the causation element. 139 Vt. 270, 272 (1981). In affirming the trial court's refusal to charge the jury as requested by plaintiff, the Court explained that in a medical malpracti......
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Wissell Estate of Wissell v. Fletcher Allen Health Care, Inc., 232-2-12 Cncv
...consent action. In a later case, Macey v. James, the Court rejected the plaintiff's proposed jury charge as to the causation element. 139 Vt. 270, 272 (1981). In affirming the trial court's refusal to charge the jury as requested by plaintiff, the Court explained that in a medical malpracti......
-
Roberts v. State, No. 83-170
...evidence reasonably tending to support the plaintiffs' claim, and that the matter was proper for resolution by a jury. See Macey v. James, 139 Vt. 270, 271, 427 A.2d 803, 804 (1981). Viewing the evidence in a light most favorable to the nonmoving party, Vermont National Bank v. Dowrick, 144......
-
Salis v. United States, Civ. No. 79-693
...P.2d 554, 558 (Okl.1980); Goedecke v. State Department of Institutions, 198 Colo. 407, 603 P.2d 123, 125 (1979). See also Macey v. James, 427 A.2d 803, 804 (Vt.1981) (applying New Hampshire Unfortunately, the Pennsylvania authorities which have recognized the Canterbury rationale all involv......
-
Wissell v. Fletcher Allen Health Care, Inc., 232-2-12 Cncv
...consent action. In a later case, Macey v. James, the Court rejected the plaintiff's proposed jury charge as to the causation element. 139 Vt. 270, 272 (1981). In affirming the trial court's refusal to charge the jury as requested by plaintiff, the Court explained that in a medical malpracti......
-
Wissell Estate of Wissell v. Fletcher Allen Health Care, Inc., 232-2-12 Cncv
...consent action. In a later case, Macey v. James, the Court rejected the plaintiff's proposed jury charge as to the causation element. 139 Vt. 270, 272 (1981). In affirming the trial court's refusal to charge the jury as requested by plaintiff, the Court explained that in a medical malpracti......