Sheila Miller, as Administratrix of the Estate of George Miller, M.d., Deceased v. Velisa Lynn Bailey; Velisa Lynn…

Summary

The court affirmed the judgment in both appeals. It held that Bailey presented substantial evidence from which a jury could reasonably infer that Dr. Miller's suturing of an inflamed stomach perforation during the thoracotomy caused additional injuries, but that the evidence did not support a wantonness claim because it did not show reckless or conscious disregard for Bailey's safety. The court also upheld the trial court's refusal to submit a verdict form incorporating the future-damages provision because that provision had previously been declared unconstitutional. Justice Murdock, joined by Justice Stuart, dissented from the negligence disposition but concurred in the wantonness disposition.