Shire

INTRODUCTION

Appellant James Randall Shire appeals following the grant of a nonsuit at the close of evidence in his medical malpractice case against respondent Rame Deme Iberdemaj, a surgeon at St. Agnes Medical Center (SAMC), who performed an emergency appendectomy on appellant in 2019.1 Appellant was readmitted to SAMC shortly after being discharged and was treated with further antibiotics and painkillers by respondent. Approximately a month later, appellant went to see his primary care provider, complaining of continued pain and fevers. He was eventually referred to another surgeon, who completed a second surgery to remove an abscess that had formed. During the second surgery, approximately six inches of appellant’s bowel was removed, which has caused appellant to suffer continuing side effects from the surgery. The trial court granted a motion for nonsuit at the close of evidence, noting that appellant’s sole theory of medical malpractice was that respondent failed to explain to appellant that an appendiceal stump remained after the surgery. Critically, no evidence was presented that the surgery itself fell below the standard of care in any way. Appellant presented no…