Mueller, Respondent v. Mueller, Appellant

Summary

The court affirmed the denial of judgment notwithstanding the verdict and the order granting the plaintiff a new trial in her medical-malpractice action. It held that the evidence was sufficient to submit negligence, causation, informed consent, assumption of risk, and contributory negligence to the jury, and that the trial court acted within its discretion in ordering a new trial because the damages award was inadequate. The court also upheld instructions permitting consideration of drug-manufacturer recommendations in determining the physician’s standard of care.