Vogt v. Billion

MARTIN, Circuit Judge.

Lisa Vogt (appellant), seeks a new trial after a verdict in favor of defendants, John Billion, MD and Orthopedic and Sports Medicine, P.C. (appellees). We reverse and remand for a new trial.

It is unnecessary to set forth in detail the facts of this case other than to state it is a malpractice action. The trial court gave the following instruction:

If a physician brings to his patient care, skill and knowledge, he is not liable to him for damages resulting from a bona-fide error judgment of which he may be guilty. The law requires a physician to base any professional…