Collins v. Baron

At issue is whether a new trial is required in this medical malpractice case because a judge gave instructions as to the necessity of expert evidence of negligence by the defendant doctor but failed to instruct the jury as to the effect *566of an admission of fault by the doctor. We conclude that a new trial is necessary.

The plaintiff’s ureter was injured in the course of a hysterectomy performed by the defendant doctor, occasioning pain to the plaintiff and necessitating corrective surgery. During the trial of the plaintiff’s malpractice action, the plaintiff presented expert testimony that a…