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Where health care providers, who were sued for negligence after a needle broke from a syringe and became lodged in a patient’s body, challenged an award of future medical damages, the judgment is reversed in part because the damages were speculative and not supported by substantial evidence since the patient did not establish that she was reasonably certain to require future medical services or surgery, but the remainder of the judgment is affirmed because the defendants did not show that the trial court erred in excluding evidence of a defect in the needle since the probative value did not outweigh the potential to confuse and mislead the jury, and the informed-consent claim contained in an instruction was supported by sufficient evidence.
Judgment is affirmed in part; reversed in part and remanded.
Ball v. Allied Physicians Group, LLC (MLW No. 71496/Case No. ED105030 – 22 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Appealed from circuit court, St. Louis County, Kerr, J. (Ryan Gavin and Jenifer C. Snow for appellant) (Derek M. Rudman and Douglas B. Rudman for respondent).
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