Torts Keyed to Prosser
Morrison v. MacNamara
Facts
The Plaintiff patient was given test for a urinary tract infection. The test was administered while the Plaintiff was standing. The Plaintiff had an adverse reaction to the test and fell, hitting his head. The Patient suffered permanent loss of his senses of smell and taste as a result of his fall. At trial, the Plaintiff provided expert testimony from a doctor practicing in Michigan. The doctor stated that the test is always performed while the patient is sitting or prone. The trial court refused to allow the testimony and held that the expert testimony for medical malpractice cases must come from a doctor who practices in the community where the malpractice is alleged, in this case Washington D.C.
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