Ambreen Fraser, M.D. vs. Matthew Miller
2012-SC-000829-DG
Granted Discretionary Review by Supreme Court of Kentucky on 9/18/2013
From Warren County, Judge Steve Alan Wilson
- Click here for current listing of all discretionary reviews granted by SCOKY in PDF prepared by and available at the AOC
For case information pertaining to the above case, then
- Click here for Case Information at Supreme Court of Kentucky – 2012-SC-000829-DG
- Click here for Case Information at Kentucky Court of Appeals Court of Appeals – 2011CA000884
Lower court opinion, Medical Negligence case:
CAPERTON, JUDGE: Matthew Miller appeals from the jury verdict in favor of the defendant, Dr. Ambreen Fraser, in a medical negligence case. On appeal, Miller argues that the trial court abused its discretion by not allowing him to present expert testimony in rebuttal to respond to a juror’s question, and that therial court committed reversible error by ruling that Miller was not entitled to present to the jury his claim for failure to obtain informed consent on the basis that such claims only arise out of surgical procedures. Dr. Fraser cross-appeals the trial court’s denial of her summary judgment and directed verdict motions on the issue of foreseeability of the injury to Miller. After a thorough review of the parties’ arguments, the record, and the applicable law, we agree with Miller that the trial court abused its discretion in not allowing him to present to the jury his claim for failure to obtain informed consent, necessitating reversal. However, we affirm the trial court’s denial of Dr. Fraser’s motions for the reasons set forth infra. Accordingly, we reverse the jury verdict and remand this matter for a new trial.
[gview file=”http://opinions.kycourts.net/COA/2011-CA-000884.pdf”]
