Cheney v. Lawson

The trial court improperly admitted a summary of the medical malpractice plaintiff's medical bills because the plaintiff failed to demonstrate that she incurred all of the charges listed in the summary as a result of the defendant doctor's actions.

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Amanda Lawson filed a medical malpractice action against Dr. David Cheney after she experienced a serious infection and complications following breast augmentation surgery performed by Cheney. The jury found in favor of Lawson, awarding her $500,000. Cheney appeals, arguing that the trial court erred by 1 admitting a summary of Lawson’s medical bills; 2 denying Cheney’s motion for a mistrial and failing to admonish plaintiff’s counsel after counsel mentioned other claims against Cheney in violation of the trial court’s ruling excluding such evidence; and 3 failing to admonish plaintiff’s counsel for mentioning an apology letter from one of Lawson’s treating physicians. For the reasons that follow, we reverse.

Construed in favor of the verdict,1 the evidence shows that Lawson paid $3,450 for breast augmentation surgery, which Cheney performed with the assistance of his business partner. Lawson was not given general anesthesia, but was awake and alert during the painful three- to four-hour procedure. In the days following the procedure, Lawson experienced pain, swelling, and drainage from her breasts, and one of the implants began to protrude from the point of insertion. Lawson saw another doctor, Wallace Steve Anderson, who admitted her to the hospital for infection, and she was treated by multiple other doctors, including an infectious disease specialist. Lawson was eventually diagnosed with methicillin-resistant staphylococcus aureus “MRSA”, and she ultimately had the implants removed.

Cheney v. Lawson

The trial court improperly admitted a summary of the medical malpractice plaintiff's medical bills because the plaintiff failed to demonstrate that she incurred all of the charges listed in the summary as a result of the defendant doctor's actions.

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