A local woman will have a second chance to validate her claim that she was a victim of medical malpractice.
The Missouri Supreme Court overturned the 2014 trial ruling in which jurors found for Dr. Rohtashav Dhir and the professional corporation of Dr. P.B. Patel.
Josephine Wilson, who lives in Savannah, Missouri, filed the case in 2011 claiming she was a victim of medical malpractice. The Supreme Court issued its ruling Tuesday.
The case was tried before Buchanan County Circuit Judge Weldon Judah. The jury found for the doctors.
Wilson appealed on a variety of issues, including bias because the judge allowed the defendants to claim informed consent.
In a four-judge decision, the high court reversed the circuit court’s finding in favor of the defendants and sent the case back for further action. The four judges ruled the defense’s evidence of Wilson’s informed consent was irrelevant and could mislead a jury. The judge should have instructed jurors to ignore the defense’s arguments about informed consent.
The case will be returned to Circuit Judge Daniel Kellogg.