Legal Opinion
Burke v. Scaggs
District of Columbia Court of Appeals
Decided January 27, 2005No. 03-CV-188PublishedCited by 20 opinions
1Opinion of the Court
RUIZ, Associate Judge.
The legal issue presented in this matter is whether a plaintiff in a medical malpractice action fails to establish a prima facie case when his experts differ as to the applicable standard of care. We hold that a discrepancy between experts as to the standard of care will not defeat the plaintiffs prima facie case for malpractice. We further hold that by failing to request a special verdict form, the appellant has forfeited the right to assert that the individual jurors may have relied on different theories of liability in reaching their verdict for the plaintiff. We…
2Cases cited22 opinions
- M. A. P. v. RyanDistrict of Columbia Court of Appeals · 1971
- Morrison v. MacNamaraDistrict of Columbia Court of Appeals · 1979
- Dyas v. United StatesDistrict of Columbia Court of Appeals · 1977
- Washington v. Washington Hospital CenterDistrict of Columbia Court of Appeals · 1990
- Brannan v. Lankenau HospitalSupreme Court of Pennsylvania · 1980
17 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hedgepeth v. Whitman Walker ClinicDistrict of Columbia Court of Appeals · 2011
- Brin v. S.E.W. InvestorsDistrict of Columbia Court of Appeals · 2006
- Beach TV Properties, Inc. v. SolomonDistrict Court, District of Columbia · 2017
- Pannu v. JacobsonDistrict of Columbia Court of Appeals · 2006
- Torres v. SullivanDistrict Court of Appeal of Florida · 2005
15 more not listed; retrieve them via the Exa API.