Whitehurst v. Boehm

CARLTON, Judge.

The plaintiff first contends that the trial court erred in excluding the testimony of Dr. McCollum, an orthopedic surgeon, “concerning the standard of care that should have been present in the treatment of the plaintiff.” The assigned error raises the primary question for determination on this appeal: In an action for malpractice, what is the proper applicable standard of care for one engaged in the practice of podiatry?

On direct examination of Dr. McCollum, objections by the defendant to the following questions and others similarly worded were sustained by the court:

Q. Now,…