Gilbert v. Archbishop Bergan Mercy Hospital

Plaintiff, Floyd R. Gilbert, has appealed a jury verdict in favor of the defendant, Archbishop Bergan Mercy Hospital, in his medical malpractice lawsuit. The plaintiff assigns as errors the giving by the trial court of only a statutory instruction on the standard of care without additional explanatory instructions and the submitting of instruction No. 9, which “commented on expert testimony, and informed the jury to disregard such testimony.” We affirm.

The general rule which is applicable in this case is that all instructions must be read together, and if they taken as a whole correctly state…