Miller v. Jacoby

In this case, we review a Court of Appeals’ decision affirming summary dismissal of Petitioner Mary Lou Miller’s medical malpractice claims. At issue is *68whether expert medical testimony is necessary to a determination that health care providers’ actions, in placing a Penrose drain in a patient’s body during surgery and in not removing the entire drain postoperatively, constitute negligence.

Whether the drain was negligently placed during surgery is not readily observable to laypersons, and thus expert testimony must be presented to establish the standard of care necessary during the procedure.…