SASSER v. CONNERY

88-1113, 88-1171.

565 So.2d 50 (1990)

John Lee SASSER, as Administrator of the Estate of Ollie Powers Sasser, Deceased v. Dr. Francis CONNERY. Dr. Francis CONNERY v. John Lee SASSER, as Administrator of the Estate of Ollie Powers Sasser, Deceased.

Supreme Court of Alabama.

Rehearing Denied June 15, 1990.


Attorney(s) appearing for the Case

Alex W. Newton of Hare, Wynn, Newell & Newton and R. Gordon Pate of Pate, Lewis & Lloyd, Birmingham, for appellant/cross-appellee.

W. Stancil Starnes and W. Hill Sewell of Starnes & Atchison, Birmingham, for appellee/ cross-appellant.


MADDOX, Justice.

The plaintiff's appeal presents one question: Whether the trial court, in a medical malpractice case, erroneously instructed the jury that "where the proper course [of treatment] is subject to reasonable doubt, a physician is not liable for an error in judgment, an honest mistake." The defendant's cross-appeal presents the issue of whether he was entitled to a directed verdict because the plaintiff failed to present any expert medical testimony that...

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