FUSSELL v. ST. CLAIR

No. 18208.

818 P.2d 295 (1991)

120 Idaho 591

Donald FUSSELL and Ann Honesty Fussell, Plaintiffs-Appellants, v. Duane L. ST. CLAIR, M.D., Defendant-Respondent.

Supreme Court of Idaho, Boise, December 1990 Term.

Rehearing Denied October 31, 1991.


Attorney(s) appearing for the Case

Webb, Burton, Carlson, Pedersen & Webb, Twin Falls, for appellants. Monte B. Carlson argued.

Quane, Smith, Howard & Hull, Boise, for respondent. Andrew C. Brassey argued.


JOHNSON, Justice.

This is a medical malpractice case. The issue that we find dispositive is whether the trial court correctly instructed the jury on the subject of proximate cause. We hold that in an action for medical malpractice when there is evidence of two or more causes that contributed to the damage suffered, for only one of which the doctor is responsible, the proper proximate cause instruction should instruct the jury that any negligence of the doctor was...

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