Sisson by and Through Allen v. Elkins

SUMMERS, Justice:

The jury in this medical malpractice case brought back a verdict for the defendant doctor. Plaintiff appealed, challenging only the correctness and sufficiency of the court’s instructions to the jury. We conclude that the lower court correctly refused to instruct on the doctrine of res ipsa lo-quitur, and adequately instructed on the duty of care imposed upon a physician possessing a medical specialty. We affirm.

The plaintiff, Carmen Sisson, was born with a congenital heart defect which required corrective surgery to sustain her life. At seven weeks of age Carmen underwent a…