Court of Appeals dismisses malpractice claim
Earl Cistrunk and his family sued Oakwood Heritage Hospital, Ted Coleman, M.D. and Babiano Kim, M.D., alleging that Cistrunk suffered permanent incontinence (requiring five diaper changes each day) due to the negligence of Kim, Coleman and a Physician's Assistant. The case was tried in Wayne County and after a "battle of experts" the jury concluded that the Defendants were not liable for Cistrunk's damages. Earl appealed but died during the pendency of the appeal.
The Court of Appeals ruled that Earl had not been denied "substantial justice" by errors made in the trial and upheld the jury's verdict. The family had claimed that Kim violated his duty to secure informed consent to a cystoscopy procedure because he admitted he did not warn Earl of the possibility of permanent incontinence.