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Unformatted text preview: b. procedural issue: directed verdict. Disposition (judgment): Affirmed. Holding: Plaintiffs failed to produce evidence of the standard of care required of defendant. Rule of Law or Legal Principle Applied: 6 part test found on page 280-81. #6 states that the accepted rule is that negligence on the part of a physician or surgeon, by reason of his departure from the proper standard of practice, must be established by expert medical testimony, unless the negligence is so grossly apparent that a layman would have recognized it. Reasoning: Nowhere did Dr. Kent testify as to whether the proper procedure would have been to take an X-ray of the ankle in 1934. Concurring/Dissenting Opinions: Additional Comments/Personal Impressions:...
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This note was uploaded on 10/21/2009 for the course ??? Torts I taught by Professor Ragan during the Fall '09 term at Florida Coastal School of Law.
- Fall '09