KENNELLY v. BURGESS

No. 43, September Term, 1994.

337 Md. 562 (1995)

KEVIN E. KENNELLY ET UX. v. SCOTT E. BURGESS ET AL.

Court of Appeals of Maryland.

March 9, 1995.


Attorney(s) appearing for the Case

Leo Wm. Dunn, Jr. (Dunn & Emig, P.A., on brief), Greenbelt, for petitioners.

David A. Levin (Daniel C. Costello, Wharton, Levin, Ehrmantraut, Klein & Nash, P.A., on brief), Annapolis, for respondents.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


CHASANOW, Judge.

The issue this Court must resolve in the instant case is whether, in a medical malpractice case, a jury instruction that "an unsuccessful result following medical treatment is not evidence of negligence" is erroneous. We must also consider whether, having given this "mere happening" type of instruction, the trial court should have given an additional instruction that an expert witness may infer negligence from the negative results of a medical...

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