Yates

Defendant Lawrence Pollock, a surgeon, appeals from the judgment entered pursuant to a jury verdict that awarded damages to plaintiffs Dorothy Yates, Richard Yates, Darlene Dominguez, Charles Yates, Jr., Debbie Everett and Lydia Yates, the spouse and adult children of decedent Charles Yates, in this wrongful death action based upon medical malpractice. He contends: “I. The judgment for noneconomic damages is contrary to both fact and law.”

Plaintiffs cross-appeal from the order denying defendant’s motion for new trial which was conditioned upon their acceptance of a reduction in the judgment from $1,903,560 to $1,603,560.

On August 24, 1982, defendant performed surgery on decedent to remove his gallbladder. Following the operation decedent developed a number of serious postoperative complications. Because defendant made no attempt to determine the cause of these problems, decedent sought treatment from another physician, Doctor Herman Smith.

Doctor Smith suspected decedent might have an abscess and that his common bile duct was obstructed. When decedent’s condition had improved sufficiently to permit further surgery, Smith’s suspicions were confirmed. He found an…