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Vergara v. Doan
Citation:593 N.E.2d 185 (Ind. 1992)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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 Doan, the Vergaras appealed, claiming that the locality rule was out-of-date due to advances in transportation and technology.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.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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