Calloway v. McKenna

Citations

• 224 N.E.3d 143
• 2023 Ohio 3130

Syllabus

MEDICAL MALPRACTICE – JURY INSTRUCTIONS – PLAIN ERROR – EVIDENCE – WEIGHT: In a medical malpractice case, in instructing the jury on lack of informed consent, the trial court did not commit plain error by giving the jury the conclusion section of the jury instructions or in issuing the jury an interrogatory, both of which improperly required plaintiff to prove that defendant doctor, rather than an undisclosed risk, caused the plaintiff's decedent's death where plaintiff failed to object to, and actually agreed to, the instruction and the interrogatory being given to the jury, and the instruction and interrogatory did not rise to the level of plain error. The jury's verdict in favor of defendant doctor was not against the manifest weight of the evidence where the record contains ample support for the jury's verdict that defendant doctor did not commit medical negligence and that the doctor's failure to adequately advise the decedent of the risks of surgery did not proximately cause his death.