Dawkins v. Siwicki

Plaintiff Deborah Dawkins was treated by defendant David Siwicki during an emergency room visit after the plaintiff fell and injured her left wrist. The plaintiff subsequently filed a medical malpractice lawsuit, alleging negligent diagnosis and treatment by the defendant. The plaintiff was initially treated by the defendant and subsequently underwent multiple surgeries over the span of several years, which the plaintiff alleged were necessary because of the defendant's alleged negligent treatment of her injury. The jury returned a verdict for the defendant. The plaintiff appealed, raising a number of arguments before the Supreme Court, many of which centered around the defense of the plaintiff's comparative negligence based on the defendant's contention that cigarette smoking impeded her treatment. The Supreme Court affirmed the judgment of the superior court, finding the trial justice did not abuse his discretion in the arguments raised by the plaintiff regarding pretrial ruling matters, alleged trial errors, and posttrial motions. View "Dawkins v. Siwicki" on Justia Law