Francois v. Mokrohisky

This is a medical malpractice case in which the jury found Drs. Boersma, Mokrohisky, and Stoll, negligent in the diagnosis of the illness of James Francois as gallstones and for the performance of subsequent surgery, which revealed a healthy gallbladder and no gallstones. Damages for loss of earnings, hospital and medical expenses, and for personal injury were awarded. The verdict was approved by the trial judge, and judgment was entered.

The question presented is whether a verdict for malpractice based on a res ipsa loquitur can be sustained in the absence of medical testimony establishing a…