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Campbell v. Breedlove

Whether physician's response to patient's concern about the risks of a prenatal procedure was truthful was a matter for the jury to determine.

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Sylvia Campbell and her husband David Campbell sued Sylvia Campbell’s obstetrician for medical malpractice and battery after their child died in utero. The jury returned a verdict for the physician. The Campbells appeal from the judgment entered on the verdict, contesting certain evidentiary rulings. Because we have determined that either no error or no reversible error occurred, we affirm.

The record shows that on April 2, 1996, when Mrs. Campbell was 34 weeks pregnant, the obstetrician told her that the baby was in breech presentation and that he would attempt to turn the fetus by external cephalic version procedure. This procedure is one in which the physician manipulates the outside of the mother’s abdomen to turn the baby from a breech presentation to a vertex or head-first presentation. The obstetrician, Dr. David Breedlove, attempted the procedure in his office that day, on April 16, 1996 and again on April 23, 1996. He was unsuccessful on each occasion.

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