McCarter c. Lawton

PAUL A. BONIN, Judge.

| Richard McCarter, who lost the sight in one eye, sued his ophthalmologist, Dr. Andrew Lawton, for malpractice.1 The jury specially found that Mr. McCarter did not prove the standard of care owed by a specialist such as Dr. Lawton. Based on that finding, the trial judge rendered judgment dismissing with prejudice Mr. McCarter’s lawsuit. Mr. McCarter devol-utively appeals the dismissal. Because we conclude that the jury’s finding was not clearly wrong, we affirm. We explain our conclusion below.

I

Medical malpractice is defined by La. R.S. 40:1299.41(A)(8) to be:

Any…