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Torts keyed to Best
Vergara v. Doan
Citation:
593 N.E.2d 185 (Ind. 1992)Facts
Jose and Concepcion Vergara, the parents of baby Javier Vergara, claimed that negligent medical care by Dr. John Doan during Javier’s delivery resulted in permanent disabilities. At trial, the court found for Dr. Doan. Importantly, jury instructions stated that the jury was to hold Dr. Doan to the standard of care of reasonable physicians in the same or similar localities, known as a “modified locality” rule.
After a jury found for Dr. Doan, the Vergaras appealed, claiming that the locality rule was out-of-date due to advances in transportation and technology. In particular, the Vergaras argued that modern advances in medicine significantly narrowed the gap in medical treatment between different areas of the country, and Dr. Doan should be held to the standard of physicians in similar specialties throughout the country. The Court of Appeals found for Dr. Doan, and the Vergaras appealed.
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