Packer v. Gill

Carley, Chief Judge.

Appellee-plaintiffs brought this medical malpractice action against appellant-defendants. The case was tried before a jury and a verdict in favor of appellees was returned. Appellants appeal from the judgment entered on the jury’s verdicts and from the denial of their motion for new trial.

1. The giving of the following jury instruction is enumerated as error: “Ordinarily, unless a medical practitioner’s negligence is so blatant and obvious as to be a matter of common knowledge to any lay observer, proof of breach of duty by a physician or surgeon must rest on the testimony…