Plymate v. Martinelli

While Defendant was performing laparoscopic surgery to remove Plaintiff's left ovary, Plaintiff's bowel was perforated. Plaintiff required a colostomy to repair the perforation. Plaintiff filed a claim alleging medical malpractice against Defendant and others. At trial, Plaintiff presented the expert testimony of a medical doctor who testified that the actions of Defendant were negligent. After Plaintiff rested, the circuit court granted Defendant's motion for a directed verdict on the issue of negligence and dismissed the complaint in its entirety. Plaintiff appealed, asserting that her expert's testimony was sufficient to satisfy the locality rule. The Supreme Court affirmed, holding (1) Plaintiff's expert's testimony regarding the standard of care in the same or similar locality was insufficient to create a question of fact on this issue; and (2) accordingly, the circuit court did not err in granting Defendant's motion for directed verdict. View "Plymate v. Martinelli" on Justia Law